Working hours, overtime and excess work
In Switzerland many people confuse “overtime” and “excess work”. They are two different things, with different legal bases: overtime derives from the Code of Obligations (CO), excess work from the Labour Act (LA). Understanding the distinction avoids errors in counting and pay.
Normal working hours
The CO does not set a rigid weekly schedule: what counts is the one agreed in the contract (or in the collective agreement, or according to custom). In practice it often lies between 40 and 44 hours per week.
The Labour Act, by contrast, imposes a maximum limit on weekly working hours:
- 45 hours for staff in industry, offices, technical services and large retail businesses;
- 50 hours for all other categories of workers.
These two references — contractual hours and statutory limit — are the key to distinguishing the two concepts.
Overtime (CO): beyond the agreed hours
We speak of overtime when the hours agreed in the contract are exceeded, but you remain within the statutory weekly maximum.
Main rules:
- The employee is required to work overtime to the extent they are able to do so and good faith allows.
- Unless otherwise agreed, overtime must be paid with a supplement of at least 25% on the base salary.
- The parties may, however, agree in writing to compensate with time off of equal duration (without supplement), or to exclude compensation if it is already included in the salary, always in writing.
For senior staff and managers with high salaries, the clause treating overtime as included in the remuneration is common: it is lawful if clearly agreed.
Excess work (LA): beyond the statutory maximum
Excess work is that which exceeds the maximum limit set by the Labour Act (45 or 50 hours). Here the rules are stricter because the LA protects health:
- it must be paid with a 25% supplement (for office staff, technical staff and other employees, the supplement is due only beyond 60 hours of excess work per year);
- it may be compensated with time off of equal duration, with the employee’s consent and within a reasonable period;
- it is permitted only within annual ceilings (indicatively 170 hours when the weekly maximum is 45 hours, 140 hours when it is 50 hours).
Rest periods and limits to respect
The Labour Act sets boundaries that apply regardless of salary:
- daily rest of at least 11 consecutive hours;
- limits on night and Sunday work, as a rule subject to authorisation and supplements;
- mandatory breaks during the day, increasing with the length of work.
Some categories (managers with senior functions, staff in certain branches) are excluded in whole or in part from the LA, but remain subject to the CO.
Recording working hours
The employer must record employees’ working hours. Simplified forms exist, or a waiver of recording for certain profiles (high salaries with autonomy, by written agreement), but the general rule remains tracking. Good record-keeping is the best defence in the event of disputes over hours and supplements.
The costliest mistakes
In practice we often see: confusion between overtime and excess work, failure to pay the 25% supplement, compensation with time off without a written agreement and a total absence of hour recording. In a dispute, the burden of proving the actual hours almost always weighs against the poorly organised employer.
How we help
The People division of SIH ONE sets up working-time rules, overtime clauses and recording systems compliant with the CO and the Labour Act, integrating them into payroll. Let’s put your working hours in order.