Equal Pay in Switzerland

The Legal Framework

Equal pay is guaranteed by: Federal Constitution Art. 8(3): men and women have the right to equal pay for work of equal value. GlG Art. 3: prohibition of pay discrimination based on gender, civil status or pregnancy. Equal value does not mean identical work, it means work that is comparable in terms of skill, effort, responsibility and working conditions. The Federal Supreme Court has held that statistically significant unexplained pay differences between men and women in the same firm can constitute discrimination.

LOGIB: the Federal Wage Equality Tool

Companies with 100+ employees must use LOGIB (federal free software) to analyse their pay structure. LOGIB calculates whether pay differences between genders can be explained by objective factors (qualification, experience, function, seniority). An unexplained residual gap of more than 5% triggers a duty to act. Results must be independently audited and employees must be informed. The cycle repeats every 4 years. The audit does not automatically resolve discrimination, it creates evidence and a legal obligation to address gaps.

Claiming Unpaid Wages

Employees who believe they are being paid less than an equally qualified colleague of the other gender can: request salary justification in writing from HR (the employer need not disclose others' salaries but must justify the salary structure), file a complaint with the cantonal equality office, or bring a GlG claim before the conciliation tribunal. The reverse burden of proof applies once discrimination is made plausible. Retroactive recovery of underpaid wages is possible for up to 5 years.

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.

---

Frequently Asked Questions

What counts as equal work for equal pay purposes?

Work of equal value, assessed by comparing skill requirements, physical and mental demands, level of responsibility and working conditions. Jobs need not be identical. A nurse and a technician might be assessed as performing work of equal value even in different roles.

How do I find out if I am being paid fairly compared to colleagues?

Swiss law does not require employers to publish individual salaries. However: employers must justify salary structures if asked; LOGIB results must be shared with employees; some GAV include transparency rules. Tools like the BFS Salarium calculator allow sector/region wage benchmarking.

Can I recover underpaid wages due to gender discrimination?

Yes, for up to 5 years retroactively. If discrimination is proven, the court orders the employer to pay the difference. Additional compensation for moral harm (up to 3 months' salary) may also be awarded.

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.