Overtime and excess hours

The difference between normal and maximum working hours is referred to as overtime. Employees are obliged to perform such overtime to the extent that they are able to do so and which they may be reasonably expected to perform. By law, overtime must be paid at a premium of 25%. It is possible, however, for the premium to be waived in writing. Instead of overtime pay, the employee may be compensated through time in lieu of at least the same duration, provided the employer and employee mutually agree to this. For employees in managerial positions it is possible to compensate overtime generally through normal salary.

If the weekly maximum working hours are exceeded, this is referred to as excess hours. Under the Labour Act, excess hours may not exceed two hours per day for an individual employee. In total, the excess hours may not exceed 170 hours per year for employees with a weekly maximum working time of 45 hours, or 140 hours for employees with a weekly maximum working time of 50 hours. Unless compensated by time in lieu within a reasonable time, excess hours must be paid at a premium of 25%.

In contrast to many European countries, the consent of the employee representative committee is not necessary in Switzerland for overtime or excess hours. Neither is it necessary to obtain official approval, provided the above limits are not exceeded.