When is a 25% or 50% wage supplement due?

25% wage supplement

This payment is due if the overtime work is not offset by time off and nothing else has been agreed upon in writing or specified in a standard employment contract or collective bargaining agreement (see Art. 321c, para. 3). If no provisions have been made, the basic principle of payment, including a 25% wage premium, applies. Overtime refers to hours worked beyond the contractually agreed working hours.

Overtime pay and maximum working hours for the applicable collective bargaining agreements (CBAs) can be found in the respective CBA (www.tempdata.ch).

A wage premium of at least 25% is also payable if the statutory maximum weekly working hours, as specified in Art. 13(1) of the Labor Act (ArG), are exceeded. Hours worked in excess of the maximum working hours constitute overtime. If overtime is compensated, with the consent of the individual employee, within a reasonable period of time by time off of equal duration, no premium is payable (Art. 13(2) ArG).

However, office staff, as well as technical and other employees—including sales personnel in large retail establishments—are only entitled to a wage premium of at least 25% for overtime work exceeding 60 hours in a calendar year (Art. 13(1) ArG).

Therefore, under the payroll+ system, a maximum of 46.25 hours per week can be worked without overtime pay (52 weeks per year – 4 weeks of vacation = 48 weeks / 60 hours ÷ 48 weeks = 1.25 hours per week, which can be worked without overtime pay).

Working hours and overtime are governed by Articles 9–13 of the Swiss Labor Act (ArG)

https://www.admin.ch/opc/de/classified-compilation/19640049/index.html#id-3

In the case of temporary night work (fewer than 25 nights per calendar year), the employer must pay a wage premium of at least 25%. In the case of permanent or regularly recurring night work, the employee is entitled to compensation equal to 10% of the time during which they performed night work. The compensatory time off must be granted within one year (see Art. 17b ArG; Art. 31 ArGV1). Employees who are paid by the hour also receive the 10% time premium for regular night work in the form of paid time off. Art. 22 ArG prohibits the compensation of compensatory rest time with monetary payments (Link)

50% wage supplement

If an employee is required to work on a public holiday or Sunday, the employer must pay the employee a 50% premium. This premium must be paid in all cases of temporary Sunday work (Art. 19(3) ArG), both to employees paid a monthly salary and to those paid an hourly wage. This also applies to so-called “executives” who cannot be considered employees in a higher managerial position (Art. 9 ArGV1). In the case of permanent or regularly recurring Sunday work, this premium is not due, and it is assumed that Sunday work is already factored into the monthly or hourly wage.

In accordance with Art. 20 of the Labor Act (ArG) and Art. 21 of the Ordinance on Working Hours (ArGV1), compensatory rest is also provided for. Sunday work lasting up to 5 hours must be compensated for with time off within 4 weeks. If the work lasts longer than 5 hours, a compensatory rest day of at least 24 hours—falling on a workday—must be granted during the preceding or following week, immediately following the daily rest period, thereby providing a continuous rest period of 35 hours. In the case of Sunday work, an employee may not work more than 6 consecutive days.

In general, an employee may not be required to work on Sundays or at night without his or her express consent.

Special provisions apply to certain categories of employees and businesses, allowing them to work on Sundays without prior authorization (see Ordinance 2 to the Labor Act).

Sunday work may be regulated on a case-by-case basis in a collective bargaining agreement.

If your company is not subject to a collective bargaining agreement (CBA), the Labor Act applies to the authorization of Sunday work and night work. For more information, see the FAQ (Sunday/Night Work).

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