The legal framework#
The Labour Act (ArG) sets the guard rails – the rest is in the contract.
- Maximum working hours: 45 hours per week for industrial work, office staff and technical employees, 50 hours for other employees.
- Breaks: from six hours of work half an hour, from nine hours one hour.
- Rest period: eleven hours between two working days.
- Night and Sunday work: subject to authorisation, with supplements or compensation.
These figures are minimum standards. A contract that falls below them is void to that extent.
Overtime and excess hours#
The distinction matters because the consequences differ.
- Overtime: work beyond the contractual weekly hours but within the statutory maximum working hours. Compensated by time off of the same duration or paid out with a 25 percent supplement, unless otherwise agreed.
- Excess hours: work beyond the statutory maximum working hours. A supplement of 25 percent, or 50 percent if not compensated in time.
- All-in salary: a lump-sum settlement is permissible only if the scope is limited and the arrangement is transparent.
- Management: extended working time rules often apply to senior staff – check what the contract says.
Flexitime and trust-based working time#
Both models give room for manoeuvre – with different risks.
- Flexitime: core hours, a flexi-band and a time account. Plus and minus hours are limited; the balance usually does not expire.
- Trust-based working time: no time recording, only target agreements. Advantage: autonomy. Disadvantage: overtime is hard to prove.
- Recording obligation: anyone introducing trust-based working time must still guarantee the statutory maximum working hours and health protection.
In practice: ask in the interview how hours are recorded and what happens to a balance when you leave.
Annual working hours#
With annual working hours a number of hours is agreed for the whole year – the distribution over the year varies.
- Advantage for employers: seasonal fluctuations can be absorbed without overtime supplements.
- Advantage for employees: plannability over the year and more free time in quiet phases.
- To check: how is the balance regulated at the end of the year? Does it expire, is it paid out or carried over?
- Limits: the maximum weekly working hours still apply – annual working hours do not suspend them.
Job sharing and part-time work#
Job sharing means that two or more people share a position – with joint responsibility.
- Contract: each person has their own employment contract; workload percentages and cover must be regulated.
- Handover: time for handovers must be included in the workload, otherwise the model works against itself.
- Career: job sharing is not a career obstacle where responsibility is clearly assigned – many management positions are shared today.
- Part-time: there is no entitlement to a reduction, but part-time work is widespread in Switzerland and negotiable in the interview.
What the contract should contain#
Six points you should clarify before signing:
- Weekly working hours and whether overtime is compensated with time off or money.
- Time recording – system, responsibility, access to your own data.
- Supplements for night, Sunday and public holiday work, with percentages.
- On-call and standby duty – compensation and whether it counts as working time.
- Balance rules on leaving: payout or expiry.
- Home office – scope, equipment, expenses and availability.
If one of these details is missing, that is not a reason to rule out the job – but a good reason to ask in writing before signing.
Worked example: annual working hours with holidays and public holidays#
Annual working hours sound like freedom but are an arithmetic exercise. Whoever does not recalculate the agreed annual volume regularly works more than contractually owed:
| Item | Hours |
|---|---|
| Gross annual working hours (42 × 52) | 2 184 |
| less holiday (4 weeks) | − 168 |
| less public holidays (9 days) | − 75.6 |
| Net annual working hours | 1 940.4 |
This figure is the benchmark. Anything beyond it is overtime – and must be recorded, compensated or paid. If the contract lacks a clear annual target working time, the model is merely a label on a normal employment relationship.
Also watch how public holidays are treated: if a public holiday falls on a day on which you would not have worked anyway, it may not be booked as a minus.