Overtime, salary and vacation in Switzerland
Overtime work
Art. 321c CO requires an employee to perform overtime work to the extent it can reasonably be expected of them and good faith requires it. Overtime, which exceeds the agreed or usual working hours, is distinct from excess hours under the Labour Act, which concerns exceeding the statutory maximum weekly working time and follows its own rules.
Unless otherwise agreed in writing, the employer compensates overtime with time off of equal length, with the employee's consent and within a reasonable period. Failing compensation, it must be paid with a supplement of at least 25% (art. 321c para. 3 CO). A written contract, standard employment contract, or collective agreement may provide for a different arrangement, including excluding any supplement for certain categories of staff.
Salary payment
Salary is owed as soon as the agreed work has been performed; unless otherwise agreed or customary, it is paid at the end of each month (art. 323 para. 1 CO). The employer may not withhold salary as security, unless a collective agreement provides otherwise, and any offsetting against a claim owed by the employee is strictly limited by law where it would affect the subsistence minimum.
Minimum vacation entitlement
Art. 329a CO guarantees at least four weeks of vacation per year of service, and five weeks until the age of 20. This minimum is mandatory: a contract may not provide for less, even with the employee's consent.
Vacation may not be replaced by a cash payment while the employment relationship continues (art. 329d para. 2 CO). An exception exists for on-call work or highly irregular part-time work, where a vacation allowance may be built into the hourly wage, provided it is clearly shown separately on each pay slip.
The employer sets the vacation dates, taking the employee's wishes into account to the extent compatible with the interests of the business (art. 329c para. 2 CO), and must announce them with enough advance notice for the employee to make arrangements.
Frequently asked questions
Can my employer require me to work overtime?
To some extent, yes: art. 321c CO requires the employee to do so if it can reasonably be expected of them in good faith. It is not an unlimited obligation; the employee's usual workload, health and private life must be taken into account.
Can I get paid for unused vacation instead of taking it?
No, not while the employment relationship continues: art. 329d para. 2 CO prohibits replacing vacation with a cash payment. Only at the end of the employment relationship, if vacation could not be taken, is it compensated in cash.
How is overtime compensated?
Primarily by time off of equal length, or by payment with a supplement of at least 25% if no compensation is agreed, unless a written contract provides otherwise (art. 321c para. 3 CO).
Can my employer set the dates of my vacation?
Yes, this is in principle up to them, but they must take your wishes into account to the extent compatible with the operation of the business (art. 329c para. 2 CO) and give you enough advance notice.