Swiss working hours are regulated by the Labour Act (ArG/LTr) and the Code of Obligations (OR). The maximum working week in Switzerland is 45 hours for office, technical, and retail workers, or 50 hours for industrial and other sectors. Most Swiss employment contracts specify 40–42.5 hours as the standard contractual working time. The Labour Act applies to most employees in Switzerland; the Code of Obligations governs overtime and compensation. Together they create a framework that is more regulated than US or UK employment but somewhat more flexible than German or French law.
Common Mistakes With Swiss Working Hours
Foreign employers — particularly from the US and UK — assume their home-country practices transfer to Switzerland. They do not. The three most expensive mistakes:
- Applying US-style “exempt” categories. Swiss law has no equivalent. Job title does not determine overtime eligibility. Only genuine senior management (Art. 3 ArG) with real decision-making authority are partially exempt.
- Not recording hours. Swiss employers must record working hours for all non-exempt employees. The cantonal labour inspectorate (Arbeitsinspektorat) can request records during inspections.
- Waiving overtime premiums below the salary threshold. Courts have overturned overtime waivers where employee salary was below approximately CHF 120’000. Employees can claim back unpaid premiums with interest for five years.
Statutory Maximum Hours
The Labour Act sets two maximum weekly working hours depending on the sector:
45 hours/week: Office workers, technical employees (technicians, IT workers), and retail staff.
50 hours/week: All other employees (industrial workers, certain service sectors, hospitality).
These are legal maximums — not norms. Most Swiss employment contracts specify 40–42.5 hours/week as the standard contractual working time. The difference between the contractual hours and the legal maximum represents the “overtime buffer” available to employers.
Overtime: OR vs ArG
Code of Obligations (OR) overtime: Hours worked beyond the contractual weekly hours (e.g., beyond 40 hours/week if that is the contract). Compensation: time off in lieu or 125% salary premium (unless the employment contract expressly waives the premium for higher-earning employees).
Labour Act (ArG) overtime (Ueberzeit): Hours worked beyond the statutory legal maximum (45 or 50 hours/week). Must be compensated with a 25% salary premium. Cannot be waived by contract. ArG overtime is capped at 170 hours per calendar year for employees subject to the 45-hour maximum and 140 hours for those subject to the 50-hour maximum.
The distinction matters. An employee on a 40-hour contract who works 47 hours in a week has 5 hours of OR overtime (40–45) and 2 hours of ArG overtime (45–47). The OR overtime can potentially be compensated with time off only; the ArG overtime must carry the mandatory 25% premium.
The Annual Overtime Cap
ArG overtime is not unlimited. The Labour Act caps statutory overtime at 170 hours per calendar year for employees subject to the 45-hour maximum and 140 hours per year for those subject to the 50-hour maximum. This is a hard ceiling. Employers who consistently push employees beyond these limits expose themselves to enforcement action by the cantonal labour inspectorate (Arbeitsinspektorat) — and to civil claims from employees for health-related damages under the employer’s duty of care (Art. 328 OR).
What “Waiving the Premium” Actually Means
Many Swiss employment contracts include a clause waiving the 25% premium for OR overtime. This is legally permissible for OR overtime (the hours between the contractual and statutory maximums) — but only if the waiver is explicit and the employee’s salary is above approximately CHF 120,000 per year. Courts have overturned overtime waivers where the employee’s salary was not sufficiently above the market rate to absorb the waiver.
Critically, the ArG 25% premium cannot be waived under any circumstances. An employment contract that purports to waive the statutory overtime premium is void on that point. Employees who discover this after years of uncompensated statutory overtime can — and do — claim back the unpaid premiums with interest. The limitation period is five years.
Practical Compliance for Foreign Employers
Foreign companies establishing Swiss operations often import employment practices from their home jurisdiction. The most common friction points:
- US-style “exempt” categories do not exist in Swiss law. An employee’s job title does not determine overtime eligibility. Only genuine senior management (Art. 3 ArG) — persons with real decision-making authority over hiring, firing, and strategy — are partially exempt.
- “Unlimited PTO” policies do not override the minimum 4 weeks (20 days) statutory annual leave for employees over 20, or 5 weeks (25 days) for employees under 20.
- On-call arrangements must be structured carefully. Time spent on-call at the employer’s premises counts as working time. Time on-call at home does not, unless the employee is called in — in which case travel time to the workplace counts as working time.
Case Study: The Five-Year Back-Claim
A European tech company established a Zug subsidiary and hired 8 developers on contracts specifying 40-hour weeks with an overtime waiver clause. The developers regularly worked 48-50 hour weeks. After three years, two developers left and filed claims for unpaid ArG overtime premiums. The overtime waiver in their contracts covered OR overtime (hours 40-45) but could not waive the mandatory 25% ArG premium on hours above 45. The court awarded back-pay for three years of ArG overtime premiums plus 5% interest — approximately CHF 35’000 per developer. The company had no working hour records to dispute the employees’ claimed hours, which the court accepted at face value.
Rest Periods
Daily rest: Minimum 11 consecutive hours of rest between working days.
Weekly rest: Minimum 35 consecutive hours of rest per week, which must include Sunday (or another day agreed instead).
Break during working day:
- Less than 5.5 hours: no mandatory break
- 5.5–7 hours: 15 minutes
- More than 7 hours: 30 minutes
- More than 9 hours: 1 hour
Breaks are not counted as working time unless the employee is required to remain at the workplace during the break.
Night Work and Sunday Work
Night work (11:00 PM – 6:00 AM) and Sunday work require either:
- Authorisation from the cantonal labour authority (Amt fuer Wirtschaft und Arbeit), or
- Specific industry exceptions under the Labour Act Ordinances
Employees required to work nights or Sundays must receive a salary premium:
- Night work: 25% supplement on top of regular wage
- Sunday work: 50% supplement (or time off in lieu)
Many collective labour agreements (GAVs) set higher premium rates. Regular night work (25 or more nights per year) also entitles the employee to a compensatory medical examination, paid for by the employer.
Flexible Work Arrangements
Flexitime (Gleitzeit): Common in Swiss offices — employees set their own daily schedule within core hours. Overtime hours accumulate in a flexitime account and can be taken as time off.
Overtime banking: Many Swiss employers maintain overtime accounts (Ueberstundenkonto) — employees accumulate overtime and draw it down as time off during quieter periods.
Home office: No statutory right to home office in Switzerland. The employer can require office attendance. Many companies introduced generous home office policies post-pandemic; these are now being revised. Working hours rules apply equally to home office work.
Part-time: Common in Switzerland — approximately 36% of the workforce works part-time according to Federal Statistical Office (BFS) data. Part-time employees have proportionally scaled rights under employment law.
Collective Labour Agreements (GAV)
Collective labour agreements in many industries set specific working hours that differ from the statutory defaults:
- L-GAV (hospitality): 42 hours/week
- Construction: 41.5 hours/week (summer) / 40 hours/week (winter)
- Retail: 41–42 hours/week depending on canton
A binding GAV overrides the statutory provisions where it is more favourable to the employee. Employers operating in sectors covered by a generally binding GAV (allgemeinverbindlich erklarter GAV) must comply regardless of whether they are party to the agreement.
Senior Management Exemptions
Senior management (Kadermitarbeiter) holding genuine decision-making authority are partially exempt from the Labour Act’s working hours provisions under Art. 3 ArG. However, the exemption is narrow — job title alone is not sufficient. The person must exercise real management functions, including authority over hiring, firing, and strategic decisions.
Even exempt managers retain protection under the Code of Obligations regarding duty of care (Art. 328 OR), and employers remain liable for health consequences of excessive working hours under general employment law principles.
Recording and Compliance
Swiss employers must record working hours for all employees subject to the Labour Act. Records must include daily start and end times, breaks, and overtime. The cantonal labour inspectorate (Arbeitsinspektorat) can request these records during inspections.
Simplified recording is available for employees earning above CHF 120’000 per year who have a degree of schedule autonomy. Under the simplified system, only total daily hours need to be recorded, not start and end times. This requires a written agreement between employer and employee or a GAV provision.
For a broader overview, see our guide to Swiss Employment Law.
Frequently Asked Questions
Can we use “unlimited PTO” policies for our Swiss employees?
“Unlimited PTO” policies do not override the minimum 4 weeks (20 days) statutory annual leave for employees over 20, or 5 weeks (25 days) for those under 20. You must track actual usage to prove employees took at minimum the statutory entitlement. If an employee leaves and has not taken their minimum leave, you owe cash compensation for unused days.
What happens if we have no working hour records and an employee claims overtime?
Without employer-maintained records, the court will accept the employee’s claimed hours at face value unless you can demonstrate otherwise. Swiss employers are legally required to record working hours for all non-exempt employees. The absence of records shifts the burden of proof entirely to the employer — a position you do not want to be in during an overtime dispute.
Is Saturday work permitted without special authorisation?
Yes. Saturday is a normal working day in Switzerland — no special authorisation required. Sunday work is the restricted category requiring cantonal labour authority authorisation and a 50% salary supplement (or time off in lieu).
What is the maximum working week in Switzerland?
The Labour Act sets two maximums: 45 hours per week for office workers, technical employees (including IT), and retail staff; 50 hours per week for all other employees including industrial workers, hospitality, and certain service sectors. Most employment contracts specify 40–42.5 hours.
How is overtime compensated in Switzerland?
There are two types. OR overtime (hours beyond contractual hours) must be compensated with time off or a 125% salary premium unless the contract waives the premium. ArG overtime (hours beyond the 45 or 50 statutory maximum) must be compensated with a mandatory 25% premium that cannot be contractually waived.
What are the mandatory rest periods in Switzerland?
Employees must receive minimum 11 consecutive hours of daily rest between working days, and minimum 35 consecutive hours of weekly rest including Sunday. Break requirements during the working day: 15 minutes for 5.5–7 hours, 30 minutes for more than 7 hours, and 1 hour for more than 9 hours of work.
What premium is required for Sunday work in Switzerland?
Employees required to work on Sundays must receive a 50% salary supplement or equivalent time off in lieu. Night work (11:00 PM to 6:00 AM) requires a 25% supplement. Both require cantonal labour authority authorisation unless specific industry exceptions apply under the Labour Act Ordinances.
Do collective labour agreements override statutory working hours?
Yes, where they are more favourable to the employee. The L-GAV (hospitality) sets 42 hours, construction sets 41.5 hours in summer and 40 in winter, and retail typically sets 41–42 hours depending on canton. Generally binding GAVs apply to all employers in the sector regardless of membership.
Is there a legal right to work from home in Switzerland?
No. Swiss law does not grant employees a statutory right to home office. The employer can require office attendance. Home office arrangements are contractual, not statutory entitlements. Working hours rules including maximum hours, rest periods, and overtime apply equally when working from home.
Who is exempt from Swiss working hours rules?
Senior management (Kadermitarbeiter) with genuine decision-making authority are partially exempt under Art. 3 ArG. The exemption is narrow — job title alone is insufficient. The person must exercise real management functions. All other employees, including part-time workers and interns, are fully covered by the Labour Act’s working hours provisions.
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Swiss employment law sets clear rules on working hours, overtime, and rest periods — but the interaction between statutory provisions, contractual terms, and collective labour agreements requires careful analysis for each employer’s situation. Whether you are setting up payroll for a new Swiss entity or reviewing existing employment terms, we can advise on compliance.
Morgan Hartley — Senior Corporate Lawyer & Partner Morgan Hartley Consulting (Morgan Hartley Consulting) Baarerstrasse 135, 6300 Zug, Switzerland Phone: +41 44 51 52 592 | Email: [email protected]
This article reflects Swiss employment law and practice as of March 2026. Statutory provisions, GAV terms, and cantonal practices are subject to revision. Nothing in this article constitutes legal advice. Contact Morgan Hartley Consulting at [email protected] for advice specific to your situation.