Switzerland Employment Law

Normal working hours shall not exceed 45 hours per week (exclusive overtime)  for employees working in industrial companies as well as for office staff, technical, sales staff and 50 hours per week  (exclusive overtime) for all other employees. 

The maximum weekly hours for some categories of employees may be extended by a maximum of 4 hours per week with the agreement of the government authorities, provided it does not exceed the annual average (i.e. 170 hours inclusive overtime per calendar year and 140 hours per year inclusive overtime hours for employees with 50 hours working week). Additionally, this rule applies to office personnel, technical staff, and other employees, including sales employees in large retail establishments or employees who are part of large retail establishments with longer weekly working hours.

Day and evening work

Any work performed between 6 a.m. to 8 p.m. is considered day work. Evening work is considered between  8 p.m. to 11 p.m. Day and evening work, i.e. the time between 6 a.m. and 11 p.m. (17 hours), does not require a permit. However, the employer must consider the employees’ concerns before introducing evening work shifts.

No employee shall work more than 14 hours per day inclusive of overtime and breaks in any given day or evening work shift. 

The start and finish times of the day and evening shifts may vary between 5 am and midnight in certain circumstances as agreed by the employee or employee representative. In such cases, the combined duration of daytime and evening work including overtime and breaks shall not exceed more than 17 hours per day.

Compensation for lost working hours

An employer may deviate from the maximum weekly working hour in circumstances such as if work is suspended for operational reasons, company holidays, or if an employee is granted a non-working day. However, in such cases, the employee’s compensated work shall not exceed more than 2 hours per day  including overtime, unless it is on a non-working day or half-day.

Shift Work

Shift work occurs when two or more groups of employees work alternately at the same workplace according to a specific schedule.

The working hours of an employee shall be arranged in a manner that an employee does not have to work the same shift for more than 6 consecutive weeks. In the case of two-shift work during the day and in the evening, the employee shall have an equal share in both shifts. The 6 consecutive weeks time period can be extended or can be distributed altogether, with the consent of the employee. Labor Act, ArG, 1964, arts. 9 – 11 and 25  (Last amended 2021).

Recording Requirement – An employer shall maintain the employment agreement along with each employee’s entry and exit time; hours worked (daily and weekly) including compensatory and overtime work and their location; weekly days of rest or substitute days of rest granted, location and duration of breaks of half an hour and more; shifts (day, evening, night). Labor Act, ArG, 1964, Art 46, 47.

There are two categories of overtime: Contractual Overtime and Extra Hours(Statutory Overtime).

Contractual Overtime

An employee’s employment contract defines the number of hours the employees are required to work per week. This is referred to as contractual overtime. When working hours exceed the contractual normal working hours or the maximum number of working hours per week is considered overtime. The maximum weekly working hours including overtime are 45 hours per week  (for the industrial sector, office staff, technical employees, and sales staff in large retail companies) or 50 hours per week (all other sectors).     

Premium for Overtime

• • • An employee who works more than the contractual working hours is entitled to overtime premium pay of 25%  at a regular rate, or
    • If, via an agreement of the individual employee, overtime work is compensated for by time off of the same duration within a reasonable period of time, no premium shall be paid.

The employees as office personnel, technical employees, and other employees including sales staff in major retail businesses will only be entitled to premium pay of 25% on their hourly rate if they have overtime work more than 60 hours in a calendar year.

If the employee is not compensated by time off in lieu as stipulated under the written agreement, the employer shall compensate the employee with the premium of 25% on the normal hourly rate.

Extra Hours

Extra hours accrue when working hours exceed the statutory maximum number of working hours per week. The maximum weekly working hours are 45 hours per week for the industrial sector, office staff, technical employees, and sales staff in large retail companies, or 50  hours per week (in all other sectors).

An employee shall not work extra hours for more than 2 hours per day except on non-working working days or in emergencies. Extra hours for employees with a working week of 45 hours, shall not exceed 170 hours per calendar year and 140 hours for employees with 50 hours working week.

Pay for Statutory Overtime

• • • • An employee who works extra hours is entitled to overtime premium pay of 25% of their hourly rate  or
      • If the employee opts for a compensatory rest day period in lieu of premium pay, then the employee is entitled to a compensatory rest day for overtime work of at least equal length. Such time off in lieu shall be given within 14 weeks or within a period agreed upon with the employer (maximum 12 months).

Labor Act, ArG, 1964, arts. 12 – 13 and The Code of Obligations, art. 321c B.

Any work performed between 11 pm and 6 am is considered night work. Employees shall not work more than 9 hours in any 10 hours period, including breaks during the night.

In case, the employee works for a maximum of 3 out of 7 consecutive nights, the daily working time may be 10 hours including the breaks, but it shall not exceed 12 hours.

An employee who performs night work for a long period of time has the right to a medical examination for their health and to receive advice on reducing or avoiding health problems associated with their work. The costs of the medical examination and the consultation are borne by the employer unless the employee’s health insurance company or another insurer pays for them.

If the employer is declared unfit for night work for health reasons, they must transfer to a similar day job for which they are fit.

In case, the employee works for a maximum of 3 out of 7 consecutive nights, the daily working time may be 10 hours however, including the breaks, it must be within a period of 12 hours.

Night work is divided into two categories:

• • • Temporary night work is generally understood as working occasionally or regularly at night for up to 3 months in any calendar year or working at night for up to 6 months per calendar year for fixed-term employment of an exceptional nature.
    • Any work extending beyond these limits is considered to be regular night work.

Pay for Night Work

An employee who works temporary night work between 11 pm to 6 pm shall be entitled to premium pay of 25 % for work performed.

Compensatory Rest Period- An employee who works permanently or regularly recurring night work shall be entitled to time off equal to 10% of the hours worked during the night period. The compensatory rest period shall be granted within one year. For employees who regularly work no more than one off-peak hour at night when they work in the evening or morning, the compensation (i.e. compensatory rest period) can also be granted as a wage supplement (i.e premium pay).

The compensatory rest period shall not be granted if the average operational shift length including breaks does not exceed 7 hours, or the employee who works at night is only employed 4 nights a week (four-day week), or the employees are granted other equivalent compensatory rest periods within one year through a collective employment contract or of public law regulations.

Employees who regularly work in the evening or in the morning for a maximum of 1 extra hour during the night period (i.e. between 11 pm to 6 am), in such scenarios, an employee can be paid a premium pay instead of the compensatory rest period. Labor Act, ArG, 1964, arts.16 – 17e.

An employee is entitled to breaks of the following minimum duration:

• • • 15 minutes with a daily working time of more than 5.5 hours;
    • 30 minutes with a daily working time of more than 7 hours;
    • 1 hour with a daily working time of more than 9 hours.

The breaks are considered as working time (i.e. paid breaks) if the employees are not allowed to leave their place of work. Labor Act, ArG, 1964, art. 15.

Daily Rest

An employee is entitled to at least 11 consecutive hours of rest per day. The rest period can be reduced to 8 hours provided that the average duration of 11 hours is observed over a period of 2 weeks. Labor Act, ArG, 1964, art. 15a  (Last amended 2021).

Weekly Rest

An employee is entitled to at least 1 day off each week and such a day shall generally be a Sunday. In cases where it is not possible to provide a weekly rest day on a Sunday, a full weekday shall be provided as a weekly rest day. The weekly day of rest must fall on Sunday at least once every 2 weeks, immediately before or after the daily rest. An employee under exceptional circumstances with their approval may be given 2 half-days of rest instead of 1 full day.  

Except in the event of termination of employment, rest periods are mandated by the law and cannot be compensated by cash payments or other benefits.  The Code of Obligations, art.329, Art 19-20 Labor Act,1964 (Last amended 2021).

Weekly half-day: An employee whose weekly working time is spread over more than 5 days per week, must be granted a half-day off of 8 hours each week, either before or following the daily rest period with the exception of weeks in which a day off falls.

The employer may grant free half-days for a maximum of 4 consecutive weeks, with the consent of the employee, wherein the maximum weekly working time must be adhered to on average. Labor Act, ArG, 1964, art.21.

An employee may work on a rest day (i.e. Sunday) on a temporary basis, in such cases, they are entitled to a premium of 50% of the regular rate for the work performed. The Code of Obligations, art.329, Art 19-20 Labor Act,1964.

Weekly rest shall usually fall on a Sunday. Employees are prohibited to perform work between Saturday 11 p.m. and Sunday 11 p.m.  In special circumstances, employers may allow the employee several days off together or two half-days instead of one full day, provided the employee consents to this. The duration can be brought forward or postponed by a maximum of 1 hour if the employee representation in the company or, where there is no such representation, the majority of the employees concerned agree.

Within every 2 weeks, at least one full Sunday must be given as a weekly rest day immediately before or after the daily rest period. In cases where an employer requires an employee to work on Sunday, the employee may not work for more than 6 days consecutively.

Pay for Sunday Work

An employer shall not employ an employee to work on a Sunday without the employee’s consent. An employee may work on a rest day (i.e. Sunday) on a temporary basis, in such cases, they are entitled to a premium of 50% at the regular rate for the work performed.

Employees involved in permanent Sunday work are not entitled to extra premium but they shall be entitled to time off as applicable to temporary Sunday employees.

In cases, where the Sunday work lasts for 5 hours, the employee must be compensated with an equivalent amount of free time within 4 weeks, and where the work lasts for more than 5 hours, the employee shall be granted a substitute rest period of 24 hours during the preceding or the following week running consecutively with the daily rest period.

The employer may call on the employees to work temporarily during the compensatory rest, insofar as this is necessary to prevent the spoilage of goods or to avoid or eliminate operational disruptions; however, another compensatory rest must be granted in the following week at the latest. Labor Act, ArG, 1964, arts.18 – 20a.