Overtime Rules in Switzerland

Überstunden vs Überzeit

Überstunden (overtime) are hours worked beyond the contractually agreed weekly hours. Governed by CO Art. 321c. Compensation: 25% pay supplement OR time off in lieu, but this can be waived by written agreement for managers and high earners with significant independence. Überzeit (maximum hour excess) are hours worked beyond the statutory maximum (45 hours/week for office and industrial workers; 50 hours for other sectors). Governed by ArG. Compensation: 25% pay supplement, this CANNOT be waived, even by contract.

Time Tracking Obligations

Employers are legally required to record working hours for most employees (SECO obligation under ArG). Simplified recording is allowed if employees work more than 50% autonomously and a written agreement (or GAV) permits it. Employees should keep their own time records as the burden of proof for unpaid overtime lies with the employee in a dispute. Digital time recording, calendar entries, or email timestamp patterns can serve as evidence.

Managers and Overtime Exemptions

Senior executives with significant independence and decision-making authority may be exempt from the ArG maximum hours provisions. For these employees, Überstunden compensation can also be fully waived by contract (the employment contract must explicitly state this). If you are not clearly in a senior executive role, be cautious about signing away overtime rights, courts look at the actual role and autonomy, not just the job title. A team leader with limited independence is unlikely to be fully exempt.

Context on the Swiss job market helps frame any career decision in Switzerland. Our gross-to-net salary guide shows what Swiss gross salaries look like after AVS, LPP and tax deductions. The salary negotiation guide covers how to use market data in offer discussions and which arguments work with Swiss recruiters. Our guide to working in Switzerland as a foreigner covers entry conditions, permit categories and practical relocation steps. The work permit guide explains B, C, G and L permit categories and processing timelines. For cross-sector salary benchmarks, the Switzerland salary guide covers all major roles and cities.

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Frequently Asked Questions

Can my employer refuse to pay for overtime?

For Überstunden: only if you agreed in writing to waive overtime compensation (common for senior roles). For Überzeit (above statutory maximum): the 25% supplement cannot be waived, it is mandatory.

How long can I retroactively claim unpaid overtime?

The limitation period is 5 years. With adequate records (time tracking, email chains, calendar), you can claim unpaid overtime retroactively for up to 5 years.

Does working from home count as overtime?

Yes, if the hours exceed your contractual time. Emails or work done outside contracted hours counts toward overtime if it is employer-directed or necessary. Purely voluntary additional work may be harder to claim.

What is the 13th month salary in Switzerland?

The 13th month salary in Switzerland refers to an additional monthly salary paid once a year, typically in December. It is included in annual salary benchmarks as standard: when a Swiss employer quotes CHF 120,000 per year, this normally means 13 monthly payments of approximately CHF 9,231 each, not 12 payments of CHF 10,000. The 13th month is governed by the employment contract or collective agreement (GAV), not by statute. It is subject to social contributions (AHV/ALV) and income tax. Always clarify with a prospective employer whether a quoted annual figure includes or excludes the 13th month.

How do Swiss notice periods work for employment contracts?

Under Swiss law (Code of Obligations, Art. 335c), notice periods during probation (default 1 month, up to 3 months by agreement) are 7 days. After probation, statutory notice periods are: 1 month during the first year, 2 months in years 2 to 9, and 3 months from year 10 onwards. Notice must be given in writing by end of calendar month (or end of the agreed notice period month). Contractual or GAV notice periods can be longer but cannot be shorter than statutory minimums. Protected periods exist (illness, accident, pregnancy) during which termination is suspended or prohibited.