SWITZERLAND Law and Practice Contributed by: Philippe Nordmann, Marion Bähler, Dario Glauser, Christian Hagen and Samuel Lieberherr, Walder Wyss Ltd
tively, apply to most so-called blue-collar work - ers but explicitly not to employees holding a higher executive position, employees performing a scientific activity and employees performing an autonomous artistic activity (to name a few of the exceptions). Maximum weekly working time for salaried employees who are subject to the Labour Act With regard to employees who are subject to the Labour Act, the maximum weekly working time is generally either 45 hours (roughly simpli - fied: for employees performing predominantly intellectual work in offices or office-like jobs) or 50 hours (roughly simplified: for employees with a predominantly manual field of activity). These limits may still be exceeded in exceptional cas - es, however. Maximum daily working time for salaried employees who are subject to the Labour Act With regard to employees who are subject to the Labour Act, there is also a general maximum daily working time of 12.5 or 13 hours (depend - ing on the calculation method) to observe. This follows (indirectly) from the Labour Act’s various provisions regarding minimum rest periods (such as mandatory minimum breaks and the general prohibition of work during the night and on Sun - days/public holidays). Overtime and Extra Hours Distinction between overtime and extra hours There are two main categories of hours worked in excess of the applicable usual weekly working time that need to be distinguished: • “overtime” means the hours that an employee works in excess of the (usual) weekly working time that has been contractually agreed, is customary or has been defined in an appli -
cable collective bargaining agreement or standard employment contract; and • “extra hours” means the hours that an employee works in excess of the applicable maximum weekly working time (if any). In the context of variable working time systems (eg, flexitime systems), there may be an addi - tional important category of hours worked in excess of the applicable usual weekly working time (ie, hours worked based on the employee’s “time sovereignty”, which are to be distinguished from overtime). Employee’s duty to perform overtime and extra hours While the employee is obliged to perform over - time if such overtime is required and to the extent they are able and may reasonably be expected to do so, the performance of extra hours (addi - tionally) requires the existence of exceptional circumstances. Compensation for overtime and extra hours Pursuant to statutory law, overtime and extra hours are principally compensated by corre - sponding time off (only if the employee consents) or by an additional salary payment including a 25% surcharge (if the employee does not con - sent to compensation by time off). However, this statutory compensation rule is only mandatory with regard to extra hours (for some employees, only from the 60th extra hour per calendar year). With regard to mere overtime, any employee compensation claim (ie, compen - sation in cash or in kind) may be excluded by a written agreement between the parties or by a provision in a collective bargaining agreement or standard employment contract.
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