Overtime in Switzerland: Rights and Compensation

Overtime vs. Excess Hours

Overtime (Überstunden) arises when work exceeds contractually agreed hours (e.g., 42 hours against a 40-hour contract = 2 overtime hours). Excess hours (Überzeit) arise when the statutory maximum under the Labour Act (LTr) is exceeded: 45 hours/week for office, retail, and industrial workers; 50 hours/week for other sectors. Excess hours are subject to stricter rules.

Overtime Compensation

Overtime must be compensated with a 25% pay supplement – or, with mutual agreement, by equivalent time off (Art. 321c OR). An overtime lump-sum clause in the contract ('overtime up to X% is included in salary') is permitted if proportionate. Senior employees may contractually waive overtime pay.

Statutory Maximum Working Hours (LTr)

The statutory maximum under LTr is 45 hours/week for office, retail, and factory workers; 50 hours/week for all other sectors. Excess hours are capped at 2 hours/day and, in exceptional cases, at 140 (45h sector) or 170 hours/year. Excess hours must be compensated with a 25% supplement; contractual exclusion is only permissible for senior employees.

Documentation and Disputes

Employees should always document overtime in writing (time tracking, work reports, emails). In disputes, the burden of proof lies with the employee. Labour court claims are available; the statute of limitations for overtime claims is 5 years.

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Frequently Asked Questions

Must the employer compensate overtime?

Yes, with a 25% pay supplement or equivalent time off (with mutual agreement). A blanket contractual exclusion is only fully permissible for senior managers.

How many overtime hours are allowed in Switzerland?

Excess hours (over the statutory maximum) are capped at 140 (45h sector) or 170 hours/year. Contractual overtime (over the agreed amount) has no statutory cap but must be compensated.

How long do I have to claim unpaid overtime?

The statute of limitations for wage claims (including overtime) is 5 years from the due date.

Can my employer make me waive overtime pay contractually?

It depends on the type of overtime. For contractual overtime (Überstunden), a lump-sum inclusion clause is permitted if the salary is proportionate and the employee is a senior manager. For regular employees, the 25% supplement can be replaced by equivalent time off, but only with mutual agreement, it cannot be excluded unilaterally. For statutory excess hours (Überzeit under LTr), the 25% supplement cannot be waived contractually for non-managerial employees; any clause attempting to do so is void.