Night Work in Switzerland 2026: Rights, Pay Supplement and Legal Framework

Around 10% of employees in Switzerland are affected by night work according to the Federal Statistical Office. Nurses, security staff, train drivers, hotel personnel, industrial workers and press workers are among the most affected professions. Despite its prevalence, the legal framework surrounding it is poorly understood, including by employers themselves, who sometimes confuse the night period defined by the LTrS with unregulated shift work. Swiss labour law draws a precise line that carries real financial consequences.

The distinction matters because the rights differ. Working from 20:00 to 22:00 is simply late-shift work. Working from 23:00 to 06:00 is night work under the LTrS and automatically triggers legal obligations. An employee who has performed night work without their employer having obtained the required authorisation can demand retroactive payment of compensation.

Legal definition and the night period

The Labour Act (LTrS, Art. 16) defines night work as any activity performed between 23:00 and 06:00. Activities between 20:00 and 23:00 constitute "evening work", subject to different (less onerous) rules and not triggering the same compensation rights. The applicable working hours framework determines which rules apply to each time slot. Some collective labour agreements (CLAs) define more favourable windows, for example, night work starting from 22:00. Where a CLA applies, its definitions take precedence over the LTrS if they are more protective for the employee.

SECO authorisation and conditions for night work

The employer must obtain authorisation from SECO (State Secretariat for Economic Affairs) before scheduling night work. Two types of authorisation exist: temporary authorisation (limited duration, for one-off needs) and permanent authorisation (for industrial or service activities that structurally require night-time hours). Certain sectors benefit from permanent general authorisations embedded in the implementing ordinances of the LTrS, hospitals, public transport, emergency services, press printing. Night work authorisations interact with broader working conditions obligations that the employer must also meet. An employer who has employees working nights without a valid authorisation is exposed to sanctions and claims for compensation from the affected employees.

Compensation: pay supplement or compensatory leave

The employee who performs night work is entitled, under Art. 17b LTrS, to compensation in one of two forms at the employer's discretion unless otherwise agreed: either a pay supplement of 10% on the night hours worked, or equivalent compensatory leave corresponding to the night work performed. The compensatory leave must be granted within a reasonable period and cannot simply be "credited" without actually being taken. The employment contract should specify which form applies; without an explicit clause, the employee may request either. If the employer stipulates only the pay supplement in the contract while the employee prefers leave, this is not legally possible unless the applicable CLA expressly authorises such a restriction.

A contract can pick the form of compensation, but it cannot pick the law's minimum: 10% extra or equivalent rest, never neither.

Health, medical examinations and specific rights

Regular night work, defined as 25 or more nights per year with the same employer, entitles the employee to a free medical examination (Art. 45 ArGV 2), at the employer's expense. The employee may refuse night work if a doctor certifies that this schedule is incompatible with their health. Pregnant women and nursing mothers are exempt from night work from the moment they declare their pregnancy, with continued salary payment if no equivalent day-shift position can be offered. The night work supplement is also subject to social security contributions and must appear separately on the payslip. Night workers are also entitled to longer breaks and a scheduling approach that minimises rapid night/day rotations, which the LTrS considers particularly harmful to health.

---

Frequently asked questions

Can my employer impose night work without giving me advance notice?

No. Night work must be provided for in the employment contract or be the subject of an explicit agreement. An addendum is required if the original contract does not include night work. A unilateral change by the employer, moving from day shifts to night shifts without the employee's consent, constitutes a fundamental change of contract that requires a notice period equivalent to the contractual notice period. If the employee refuses, the employer must initiate a termination procedure if they wish to maintain their requirement.

Is the 10% night work supplement subject to social security contributions?

Yes. The 10% supplement under the LTrS is a salary component subject to all social security contributions (AHV/AVS, IV/AI, EO/APG, ALV/AC) and income tax. It is also included in the coordinated LPP/BVG salary if the pension fund rules integrate it into the insured salary. It must appear separately on the payslip to enable verification of its payment and its potential inclusion in the calculation of daily sickness or accident benefits.

What should I do if my employer does not pay the night work supplement?

Start by requesting in writing a list of nights worked and the calculation of the supplement owed based on your payslips. If the supplement does not appear, send a formal written claim to the employer. In the absence of a satisfactory response, you can contact the cantonal labour inspectorate, file a claim with the labour court, or approach a trade union for assistance. The statute of limitations for salary claims in Switzerland is 5 years (Art. 128 CO). Candidates reviewing job applications should also check whether night work is explicitly mentioned in the offer before accepting.

What health surveillance rights do Swiss night workers have?

Under ArGV 1 Art. 49, any employee performing regular night work (25 or more nights per year) has the right to a free medical examination offered by the employer every two years. The employer bears the full cost and must actively offer the examination; waiting for the employee to request it is not sufficient. If a medical certificate confirms that continued night work is incompatible with the employee's health, the employee has the right to be transferred to a day-work position. If no equivalent day-work position is available, the employer must continue paying the salary for the duration of the notice period. SECO holds enforcement powers and can audit compliance with this obligation during workplace inspections.