Working Hours

When negotiating your contract, make sure that your working hours are specified in writing in the contract (or in an attachment). Without a contractual agreement, it is difficult to claim overtime pay.

Working hours are subject to legislation laid down in the labor and employment laws that contain provisions on the maximum volume of working hours, breaks and rest periods, night hours, Sunday hours, and shift work, as well as health and safety measures. However, there are also numerous special provisions for certain professions, businesses, and working groups, as well as a range of various exceptional provisions and special authorizations. Standard provisions are listed below. If you are not sure whether your case is subject to a special provision, you can contact das kantonale Arbeitsinspektorat (Cantonal Employment Inspections).

In legal terms, working hours constitute the time “the employee must make available for the employer” (Art. 13, Labor Law 1). This includes, for example, meetings outside regular working hours, further education and training required by the company, or clearing-up work.

Not included in your working hours is the route to work, unless you have to work at an external location resulting in a longer traveling time. In this case, the difference from the normal route to work will be calculated.

Labor and employment laws stipulate a maximum number of weekly working hours. Depending on sector, this is between 45 and 50 hours, although special provisions apply to certain professional fields. Extra hours are defined as the hours worked beyond the agreed volume. Overtime refers to the hours worked that exceed the statutory maximum number of working hours.

In principle, employees are obliged to work extra hours when this is necessary and reasonable. Whether, and to what extent, working extra hours is reasonable depends on the individual situation of the employee: Working extra hours could be deemed as unreasonable when, for example, the employee has family obligations or, in the case of a part-time job, commitments to another company.

Overtime, however, may only be demanded in exceptional cases when the work volume is extraordinarily high. Here too there is a maximum limit: Per calendar year - depending on the agreed maximum number of working hours - 140 or 170 hours of overtime are permitted.

Compensation for overtime and extra hours is provided for as follows: Extra hours can be offset by free time of the same duration or with a salary supplement of 25 percent above the standard salary. Any other solutions can be agreed as preferred but they must be set in writing.

Compensation for extra hours is not dependent on whether you were asked to work by your employer or whether you did so on your own initiative. The key factor is whether the extra hours were objectively necessary.

Unworked hours are incurred when employees work fewer hours than contractually agreed. In a clearly defined volume of working hours, employees cannot simply be sent home when there is too little or even no work. If employees are allocated too little work, employers find themselves in what is known as default of acceptance and are not permitted to make employees carry consequences for the hours not worked by, for example, deducting the unworked hours from their salary or requiring them to make the hours up later. However, if the fault for not working the hours lies with the employee, employers are permitted to take such steps.

If assigned too little work, employees are advised to assure their employer in writing of their willingness to work and to urge the employer to ensure the agreed volume of hours. If you do not protest against lack of work, you risk forfeiting your claim to payment. It is helpful to have a provision in the contract stipulating what steps will be taken in the case of hours not worked.

Contrary to popular belief, it is possible to hold several part-time jobs amounting to a total work volume of over 100%. The volume of each job, measured as a percentage, is not the deciding factor. It is however essential that you adhere to the statutory maximum volume of working hours. On top of this, a daily rest period of eleven hours is stipulated, and each job may not affect your performance at another job.

In the case of part-time work, it is particularly important to have a clear agreement on working hours in order that you have a guaranteed income and are not simply asked to work when work is available. If you have agreed to work on fixed days, any work performed on another day represents extra hours. Your employer can demand extra hours on these days only if you don't have any other commitments.

Should your employer assign you too little work within the agreed volume of working hours, the employer is in default of acceptance (see above). In this case, the employer must pay the agreed salary even if insufficient work is available.

In principle, statutory provisions relating to extra hours and overtime apply to all employees. However, the Federal Supreme Court has set special specifications for the regulations regarding compensation for extra hours performed by staff in leading positions: Employees in a leading position can claim compensation when their employment contract specifies a fixed number of working hours and no other agreements on compensation have been made in writing.

If no agreement was made on a fixed number of working hours or on compensation, you are expected to perform the extra work without compensation. In this case, it is assumed that the extra work is offset by a high salary. You can only claim compensation under these circumstances when you perform extra hours in activities that extend beyond your agreed duties.

In principle, the top management of the organization have no claim to compensation for working extra hours.

Bräunlich Keller, Irmtraud. 2011. Arbeitsrecht. Vom Vertrag bis zur Kündigung. Zürich: Beobachter-Buchverlag. [7.01]