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.

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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.