Overtime in Switzerland: legal limits and the 25% supplement
Published 2026-10-19 · Updated 2026-10-19 · 3 min read · 3 sources · Verified Swiss federal benchmarks
Direct answer
Full-time work is often 40–42.5 hours per week; law allows up to 45 hours in office and industrial jobs and 50 hours in other sectors unless further restricted (ArG Art. 9). Overtime beyond agreed hours must be compensated with a 25% wage supplement if not replaced by time off in writing (CO Art. 321c).
Key facts
- Typical full-time: 40–42.5 h/week; legal max often 45 h (office/industry) or 50 h (others) under ArG Art. 9.
- Overtime premium: +25% on the hourly wage unless contract/CBA provides equal time off instead.
- Excess hours on Sunday/night may have additional rules in ArG and CBAs.
- Employers must record working time in many sectors; keep your own log.
- Part-time overtime starts when you exceed your agreed schedule, not full-time norms.
Legal working time vs contract hours
Your employment contract sets ordinary weekly hours, often forty to forty-two point five for full-time roles. The Labour Act sets upper bounds and rest periods, commonly forty-five hours in office and industrial jobs and fifty hours in other sectors under ArG Art. 9 unless a CBA is stricter.
Exceeding contractual hours triggers overtime rules under CO Art. 321c even if you are still below the statutory weekly maximum. Excess hours on Sunday or at night may have additional ArG and CBA limits.
Part-time workers accrue overtime only on hours beyond their agreed schedule, not because a colleague on full-time worked longer.
CHF example: CHF 7,500 monthly and 5 overtime hours
Assume forty-two point five contractual hours and monthly salary CHF 7,500. Hourly base is approximately CHF 7,500 divided by forty-two point five times four point three three weeks, about CHF 40.74. Five overtime hours at plus twenty-five percent: five times CHF 40.74 times one point two five equals about CHF 254.63 gross extra.
If your contract swaps pay for time off at one to one without premium, that clause must be explicit and is only valid within legal limits. Silent email requests to stay late do not replace Art. 321c unless the contract or CBA clearly allows compensation in time.
| Item | Value | Note |
|---|---|---|
| Monthly salary | CHF 7,500 | Example only |
| Overtime hours | 5 h | Beyond contract week |
| Premium due (Art. 321c) | +25% | Unless time-off agreed |
Second example: forty-hour contract, ten extra hours
Monthly salary CHF 6,400 with forty contractual hours. Hourly base about CHF 6,400 divided by forty times four point three three, near CHF 36.95. Ten overtime hours with premium: about CHF 461.88 gross if paid in money.
If the employer offers compensatory time instead, track the ten hours owed on a written balance sheet. Mixed practice without records is where disputes start.
Protect yourself on the clock
Use the workload converter to compare contract hours with actual projects. Submit timesheets promptly and flag systematic unpaid overtime in writing.
If disputes persist, contact cantonal labour inspectorates or your union. Document emails assigning extra work outside normal hours.
Distinguish overtime from emergency work on call; CBAs sometimes classify on-call differently from hours actively worked.
Common mistakes on overtime
Treating all hours up to forty-five per week as normal when your contract says forty.
Accepting flex time labels without written policy on premium or compensation.
Not keeping personal logs when employer time systems fail.
Assuming manager exemption without checking ArG and your contract title duties.
FAQ
- Is all extra work automatically overtime?
- Hours beyond your agreed ordinary schedule count as overtime under CO unless classified otherwise in a valid CBA.
- Can my employer give time off instead of +25%?
- Yes if agreed in writing, typically at 1:1 for overtime hours, within legal limits.
- Does the 45-hour limit apply to managers?
- Senior managers may be exempt in some setups; rules are strict. Check ArG and your contract.
- Are breaks counted as working time?
- Unpaid breaks usually do not count; on-call and travel may count depending on circumstances.
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