Überstunden vs. Überzeit: the critical distinction
Under Swiss Code of Obligations Art. 321c, Überstunden are hours worked beyond the contractually agreed weekly working time (typically 40–42h in Switzerland). Default compensation is equivalent time off; if that's impractical, pay at 100% plus a 25% premium — unless the contract states otherwise. Many contracts validly exclude the 25% premium, especially for higher-paid roles.
Überzeit (Labour Act Art. 12–13) kicks in above the legal weekly maximum: 45 hours for industrial workers, office staff, technical employees and retail in larger stores; 50 hours for everyone else. The 125% premium is statutory and cannot be contracted away. Annual ceilings apply: 170 hours for the 45h group, 140 hours for the 50h group.
Calculating overtime pay correctly
The hourly rate base is gross monthly salary × 12 ÷ weekly hours ÷ 52. For Überstunden compensated at 125%, multiply that hourly rate by 1.25 and by the number of overtime hours. A CHF 8,000/month employee on a 42h week has an hourly base of CHF 43.96; 10h of Überstunden at 125% = CHF 549.50.
Common mistakes: forgetting to include 13th-month salary in the base (it should be: monthly × 13 ÷ weekly hours ÷ 52, if a 13th is contractual), and double-counting holiday accrual. Also: bonuses are not in the overtime base unless they're regular and salary-like. The EuroCalc overtime calculator handles all of this with the correct Swiss conventions.
Practical rules: tracking, contracts and disputes
Employers are legally obliged to record working time for all non-cadre-supérieur employees (Art. 46 Labour Act, ArGV1 Art. 73). Apps, time clocks and even Excel logs all qualify, provided they capture start/end times and breaks. No record = the employee's plausible claim is accepted in a dispute.
If you regularly work above contract but the boss won't compensate, document everything: emails sent at odd hours, calendar invites, time-tracking exports. Swiss labour courts have 5-year claims periods on overtime pay and consistently side with employees who can produce contemporaneous evidence. A written notification to HR within a reasonable time also strengthens the case — silent acceptance can be read as waiver.
Calculate your overtime entitlement
Enter your gross salary, contracted hours and overtime worked — see exactly what you're owed under Swiss Überstunden and Überzeit rules.
Open the overtime calculator →Frequently asked questions
Can my employer force me to take time off instead of paying overtime?+
Yes — Art. 321c expressly allows compensation in time at 1:1 (Überstunden) or 1.25:1 (Überzeit), at the employer's choice unless the contract says otherwise. The time off must be granted within a reasonable period.
Is overtime allowed every week?+
No. The annual caps (170h or 140h) and weekly statutory maximums apply. Persistent overtime above legal limits requires a permit from the labour inspectorate and can trigger fines.
What about part-time employees?+
Hours worked above contracted part-time hours but below the full-time legal cap (45h/50h) are Überstunden, not Überzeit. So a 60% employee working an extra 5h/week typically earns 100% pay (or time off), not the 125% premium.
Are managers entitled to overtime pay?+
True 'higher cadre' employees with genuine autonomy over their own working time are excluded from Labour Act overtime rules. The exclusion is narrowly interpreted — a job title alone isn't enough. Most middle managers still qualify.
Related guides
Mortgage vs. Rent in Switzerland: A 2026 Decision Guide
Compare buying and renting a home in Switzerland. Real numbers on amortization, imputed rental value, taxes and total cost of ownership over 25 years.
Pillar 3a in Switzerland: Complete Guide (2026)
Everything Swiss residents need to know about pillar 3a in 2026 — deduction limits, banks vs insurance, withdrawal rules and expat tips.
How to File Your Swiss Tax Return (2026)
A step-by-step guide to the 2026 Swiss tax return — cantonal deadlines, what to declare, deductions, EasyTax, and common mistakes.