Working hours and overtime in Switzerland: your rights in 2026
Swiss law caps weekly hours at 45 for office workers and 50 for others, sets mandatory rest periods, and limits how many overtime hours a contract can waive. The "overtime is included in salary" clause is not a blank cheque: here is what the law actually allows.
- Legal maximum: 45 hours/week for office, technical and industrial workers and sales staff in large retail businesses; 50 hours for other categories.
- Contractual hours: typically 40–42 hours/week in practice (below the legal maximum).
- Overtime: hours worked beyond contractual hours; must be compensated by time off or paid at 125%.
- Extra hours (surtemps): hours beyond the legal maximum; capped at 170 hours a year (140 in the 50-hour group), paid at 125% or compensated by time off with your agreement.
- Minimum daily rest: 11 consecutive hours between working days.
- Breaks: 15 minutes for a day over 5.5 hours, 30 minutes over 7 hours, one hour over 9 hours (Labour Act, art. 15).
Contractual vs legal working hours
The distinction between your contractual hours and the legal maximum is important. Most Swiss employment contracts specify 40 or 42 hours per week, which is below the legal maximum of 45 hours. Hours worked beyond your contractual hours but within the legal 45-hour limit are "overtime" (heures supplémentaires) and are governed by your employment contract. Hours beyond 45 are "extra hours" (surtemps) and fall under the stricter protections of the Labour Act: they must be compensated at 125% rate and this right cannot be contractually waived.
Many Swiss employment contracts contain a clause stating that "reasonable overtime is included in the salary." Under Swiss labour law, this clause is valid for managerial or senior positions where a degree of schedule flexibility is inherent to the role, but it cannot be used to require unlimited unpaid overtime. A clause excluding overtime pay is only valid in writing (CO art. 321c), and it never covers hours beyond the legal maximum. If you consistently work 50-hour weeks on a 42-hour contract, part of those hours are extra hours that the clause cannot cover.
An "overtime included" clause covers hours up to the legal maximum at most. If your contract states 42 hours and you are consistently logging 50, keep a written record of the hours actually worked: it is your evidence if you claim the hours above 45, and claims remain possible for five years.
How overtime must be compensated
Overtime compensation follows a two-track system. By mutual agreement, overtime can be compensated with equivalent time off (1 hour of overtime = 1 hour of time off), which is the most common arrangement. By law, if not compensated in time, overtime must be paid at 125% of the normal hourly rate. For extra hours (beyond the legal 45-hour maximum), the 25% supplement is set by the Labour Act and cannot be waived by contract; it can only be replaced by time off of the same length if you agree. For office, technical and large-retail staff, the supplement is due from the 61st extra hour in a calendar year.
Many Swiss companies operate a "flexitime account" (compte d'heures) where overtime is tracked and compensated as time off over the course of the year. This is practical and common, but ensure the system is documented and that accumulated hours above a certain threshold are paid out rather than forfeited at year-end. Swiss labour law does not allow employers to simply reset a large overtime balance to zero at the end of the year without compensation. Workers on part-time or reduced-hours arrangements should verify how their flexitime account is calculated relative to their contracted reference hours.
Remote work and working hours
Swiss law on remote work and working hours has evolved since 2020. The general principle remains: the working time rules apply regardless of where the work is performed. If you work from home at 20h00 on a Tuesday, those hours count as working time and must be tracked. Switzerland does not have a "right to disconnect" law as France does, but the obligation to respect maximum hours and rest periods applies equally to remote work. Employers who systematically expect availability outside core hours without compensation face legal exposure. For a broader overview of what to expect as an employee, see our guide to working in Switzerland.
Switzerland has no statutory right to disconnect, but the same maximum hours and rest period rules that apply in the office apply to a laptop open at home at 20h00.
Sector-specific rules and CCT
Many sectors have collective labour agreements (CCT/GAV) that define working hours more precisely than the statutory minimum. The hospitality CCT (L-GAV) specifies 42 hours per week with specific rules for evening and weekend work. The construction CCT defines annualised hours with seasonal adjustments. If your sector has a CCT, those rules supplement the Labour Act and in some cases provide stronger working conditions protections, check which CCT applies to your employer.
Frequently asked questions
Can my employer require me to work on weekends in Switzerland?
Sunday and night work (between 23h00 and 06h00) is prohibited for most workers under the Labour Act, except in specifically authorised sectors (hospitality, healthcare, retail, emergency services). Employers wishing to assign Sunday or night work outside these authorised sectors must obtain a cantonal permit. Temporary Sunday work carries a 50% wage supplement and compensatory rest; temporary night work a 25% supplement, regular night work a 10% time compensation.
What happens to my overtime balance if I leave the company?
Upon termination, any positive overtime balance (hours worked beyond contractual hours that were tracked but not compensated) must be paid out as part of your final settlement, at 125% if not agreed to be compensated at 1:1 in time. Review your overtime balance before giving notice and confirm the compensation method in writing. Unclaimed overtime balances are legally enforceable for up to 5 years from the date the hours were worked.
I work in a managerial role, am I exempt from working hours limits?
Only if you exercise a higher managerial function: then the Labour Act's rules on maximum hours and rest do not apply to you (art. 3); only its health-protection rules still do (art. 3a). The bar is high: decision-making power over important matters of the company, not a manager title or a small team. A team leader with three reports is generally still covered by all the limits on this page.
Does the 45-hour weekly maximum apply to part-time workers in Switzerland?
Yes, the 45-hour legal maximum is a ceiling regardless of your contracted hours. A part-time employee contracted for 20 hours per week still benefits from the same rest period rules and cannot be required to work beyond 45 hours in any given week. Overtime rules, however, are calculated against the contractual reference hours, not the legal maximum. For more detail on how hours and benefits interact, see our guide to part-time work in Switzerland.
Can I agree to waive my right to overtime pay in my employment contract?
You can waive overtime compensation for hours worked between your contractual limit and the 45-hour legal maximum, but only for that band and only in writing. You cannot contractually waive the 25% supplement for extra hours beyond 45 per week: that right is set by the Labour Act and cannot be overridden by an individual employment contract clause. Any clause that purports to eliminate all overtime pay is unenforceable under Swiss law.
FSO ESS 2022 · SECO · admin.ch