Can I Work More Than 60 Hours a Week in Switzerland in 2026? Overtime Caps, 25% Premium & Time‑tracking Rules

If you are wondering whether you can work more than 60 hours a week in Switzerland, the short answer is: almost certainly not on a sustained basis. The Swiss Federal Labour Act (Arbeitsgesetz) sets statutory weekly maximums of 45 or 50 hours depending on your sector, limits statutory overtime to two hours per day, and caps total statutory overtime at 170 or 140 hours per calendar year. Even temporary spikes that push you past 60 hours trigger strict compensation rules, including a mandatory 25% pay premium, and require careful documentation by the employer. This guide covers every rule, worked calculation and step you need to protect your Switzerland workers rights in 2026.

• Weekly statutory caps: 45 hours for office, industrial and technical employees; 50 hours for all other workers.
• Annual statutory overtime caps: 170 hours (45‑hour group) or 140 hours (50‑hour group) per calendar year.
• Daily statutory overtime limit: maximum 2 hours of statutory overtime per day (with narrow exceptions for emergencies).

Swiss Working‑Time Caps at a Glance

Before diving into the legal detail, the table below sets out every key number side by side. Each figure is drawn from the official Swiss government portal and the State Secretariat for Economic Affairs (SECO).

Sources: ch.ch, Contractual and statutory overtime; SECO, Work and rest period.

Statutory Overtime vs Extra Hours: Understanding the Distinction

Swiss labour law draws a critical line between two types of additional work that many employees, and even some employers, routinely confuse. Mixing them up can cost you money or leave your claim unenforceable, so this section explains each category and the rules that attach to it.

What Are Extra Hours (Überstunden)?

Extra hours are the hours you work beyond what your individual employment contract stipulates, but still within the statutory weekly maximum (45 or 50 hours). For example, if your contract says 40 hours per week and you work 44 hours, those four extra hours are Überstunden. Extra hours are governed primarily by the Swiss Code of Obligations (OR), not the Labour Act. The employer must pay your normal hourly rate plus at least 25%, unless the contract or a collective agreement expressly excludes the premium. In practice, many Swiss employment contracts do exclude the 25% surcharge for extra hours, making time‑off compensation the default.

What Is Statutory Overtime (Überzeit)?

Statutory overtime kicks in once you cross the statutory weekly maximum, 45 or 50 hours, depending on your sector. This category is regulated by the Federal Labour Act (Art. 12 and 13 ArG) and carries stricter protections that cannot be waived by contract. The 25% premium for statutory overtime is mandatory, and an employer may only substitute equivalent time off if both parties agree. Furthermore, statutory overtime may not exceed two hours per day for any employee, except on days off falling on workdays or in emergencies.

Which Workers Fall Into the 45‑Hour or 50‑Hour Group?

According to Article 9 of the Labour Act, the 45‑hour maximum applies to employees in industrial enterprises, office staff, technical employees and other comparable roles, as well as sales staff in large retail establishments. All other employees, including those in hospitality, agriculture and smaller commercial operations, are subject to the 50‑hour limit. Normal contractual working hours in Switzerland typically range from 40 to 42 hours, so most workers encounter extra hours well before statutory overtime becomes an issue.

Breaks and Rest Periods: Is Lunch Break Included in Working Hours Switzerland?

Lunch breaks are generally not counted as working time. Under Swiss law, employers must grant a break of at least 15 minutes for a shift exceeding 5.5 hours, 30 minutes for a shift exceeding 7 hours, and 60 minutes for a shift exceeding 9 hours. These breaks are unpaid and do not count toward daily or weekly totals unless the employer requires the employee to remain at the workplace during the break. The maximum daily working time, including breaks, is 14 hours.

When Can You Lawfully Work More Than 60 Hours a Week in Switzerland?

Even with overtime caps in place, there are narrow situations in which total weekly hours might temporarily reach or exceed 60. However, the law treats every such scenario as an exception, not the norm, and imposes compensating safeguards.

Permitted Exceptions and Sector‑Specific Scenarios

• Urgent or emergency work. If unforeseen circumstances (e.g. a natural disaster, equipment failure or critical staffing shortage) create an operational emergency, the employer may require statutory overtime beyond the normal daily cap. SECO guidance specifies that this exception does not remove the annual cap; the excess hours are still counted against the 170‑ or 140‑hour annual limit.
• Collective agreements (GAV). Certain industry‑level collective agreements, particularly in healthcare, construction and transport, permit temporary working‑time peaks that may push weekly totals above 50 hours in exchange for extended rest periods or compensatory days off within a defined reference period.
• Seasonal peaks in retail and hospitality. Employees in these sectors sometimes face weeks that exceed 50 hours during holiday or tourism seasons. The 50‑hour group’s cap still applies, but the combination of extra hours and statutory overtime may push gross working time toward 55–60 hours in an exceptional week. Reaching 60 regularly, however, would breach annual caps very quickly.
• Hospital doctors and on‑call roles. On‑call time where the employee must be physically present at the workplace counts as working time. For junior doctors and similar roles, weekly totals can approach or exceed 60 hours, though institutional collective agreements typically set compensatory rest and annual hour budgets.

The critical takeaway: even where short‑lived spikes are tolerated, the annual statutory overtime ceiling (170 or 140 hours) acts as a hard brake. An employee who works 60 hours in a week where their statutory maximum is 45 would accumulate 15 hours of statutory overtime in a single week. At that rate, the annual cap of 170 hours would be reached in fewer than 12 weeks.

Working on Sunday in Switzerland

Working on Sunday is generally prohibited unless the employer holds a cantonal or federal permit. Where permitted, Sunday work attracts a 50% pay premium and must be compensated with equivalent rest within a defined period. Sunday hours count toward the weekly total, making it even harder to stay within the 45‑ or 50‑hour ceiling.

Overtime Pay and the 25% Premium: Calculation Rules and Worked Examples

Understanding when the 25% premium applies, and how to calculate it, is where many employees lose money. This section walks through the rules and three realistic scenarios.

When Does the 25% Overtime Premium Apply?

The 25% minimum premium is a mandatory entitlement for statutory overtime (Überzeit). It cannot be excluded by contract or collective agreement. However, the employer and employee may agree to substitute equivalent time off instead of the cash premium. For extra hours (Überstunden), the 25% premium also applies by default under Art. 321c OR, but it can be waived by written agreement or collective agreement, a distinction that matters enormously at payslip time.

Calculation Method

The formula is straightforward:

Overtime pay per hour = Normal hourly rate × 1.25

Your normal hourly rate is typically calculated as: annual salary ÷ 52 weeks ÷ contracted weekly hours. For monthly‑paid employees, divide the monthly gross salary by the contracted monthly hours (usually weekly hours × 4.33).

Example Pay Calculations for a 60‑Hour Week

The table below illustrates three common scenarios. All assume a gross monthly salary of CHF 6,500 and use the formula above.

Note: Hourly rates in these examples are illustrative and derived from CHF 6,500 ÷ 4.33 ÷ contracted weekly hours. Your actual rate depends on your specific salary and contract. The 25% premium shown applies only to the statutory overtime portion; the extra‑hours premium depends on your contract terms.

These examples highlight a practical reality: working 60 hours in a single week generates between 10 and 15 hours of statutory overtime, consuming a large portion of the annual cap in one go. Industry observers expect that employers who regularly permit such spikes face growing compliance risk, particularly as cantonal labour inspectorates intensify their focus on time‑tracking accuracy.

Time‑Tracking, Documentation and Employer Obligations

Accurate time recording is the backbone of any overtime claim. Without evidence, even a clear legal entitlement becomes difficult to enforce. Swiss law places the primary duty to track working hours on the employer, but employees should take proactive steps to safeguard their own records.

Employer Duties

Under the Labour Act and associated ordinances, employers must maintain records of daily working hours, including start and end times, breaks, and any overtime performed. SECO guidance reinforces that these records must be retained and made available to cantonal labour inspectorates on request. In 2026, the ongoing emphasis on time‑recording obligations, particularly for employers who previously relied on trust‑based or simplified systems, means that gaps in documentation increasingly work against the employer in disputes.

Time‑Recording Obligations by Entity Type

Acceptable Proof for Overtime Claims

If a dispute arises, the following forms of evidence are typically accepted by conciliation offices and labour courts:

• Digital timesheets or swipe‑card logs, the strongest form of evidence.
• Email timestamps showing work performed outside contracted hours.
• Written instructions from a supervisor requesting overtime.
• Personal contemporaneous records (a diary or spreadsheet noting daily start/end times), admissible but weaker than employer‑generated logs.
• Witness statements from colleagues who worked the same shifts.

Template: Requesting Your Time Records From Your Employer

Subject: Request for working‑time records, [Your name]

Dear [HR / Manager name],

Under the Swiss Federal Labour Act, I am entitled to access my recorded working‑time data. I kindly request copies of my time records (including daily start and end times, breaks, and any overtime logged) for the period from [start date] to [end date]. Please provide these within 14 days in a commonly used electronic format. Thank you for your cooperation.

Kind regards, [Your name, date]

If Overtime Is Unpaid: Step‑by‑Step Guide for Employees

Discovering that your employer has not paid, or has underpaid, your overtime is frustrating, but Swiss law offers a clear escalation path. Acting promptly is important because overtime claims are subject to a five‑year limitation period under Swiss law.

Step 1: Gather and Organise Your Evidence

Collect every piece of documentation you have: timesheets, emails, shift rosters, personal hour logs and any written communications about overtime. Organise them chronologically and calculate the total unpaid hours and the amounts owed (using the formulas above).

Step 2: Send a Written Request to Your Employer

Put your claim in writing, an email is sufficient but a registered letter creates a stronger paper trail. State the period in question, the number of unpaid overtime hours, the legal basis (Art. 321c OR for extra hours; Art. 13 ArG for statutory overtime) and the amount you are claiming. Set a reasonable deadline (typically 30 days). Below is a template:

Subject: Formal request for payment of outstanding overtime, [Your name]

Dear [HR / Employer],

I am writing to request payment of [X] hours of unpaid overtime performed between [start date] and [end date]. Based on my hourly rate of CHF [rate] and the applicable 25% premium for statutory overtime, the total amount outstanding is CHF [amount]. I attach supporting time records. I kindly ask you to settle this within 30 days. Should you disagree with any element of this claim, I am happy to discuss the matter but reserve all legal rights.

Kind regards, [Your name, date]

Step 3: Escalate Internally

If your direct manager does not respond, escalate to HR or to a higher level of management. Document every communication.

Step 4: Contact the Cantonal Conciliation Office (Schlichtungsstelle)

For employment disputes involving amounts up to CHF 30,000, you must attempt conciliation before filing a court claim. The cantonal conciliation office is free of charge in most cantons. A conciliation hearing is typically scheduled within two to four weeks of your application, and the process usually concludes within one to three months.

Step 5: File a Civil Claim

If conciliation fails, you may file a claim with the labour court (Arbeitsgericht). For claims up to CHF 30,000, proceedings are generally free of court fees in most cantons. Legal representation is advisable for complex or high‑value claims.

When to Consult a Labour Lawyer

Early legal advice is strongly recommended in any of the following situations:

• The total unpaid overtime exceeds CHF 5,000.
• Your employer disputes that the hours were worked or claims you are exempt.
• You have been dismissed or threatened with dismissal after raising the claim.
• Your contract contains unusual clauses about overtime waiver or lump‑sum compensation.

Special Situations: Sunday Work, Night Work, Second Jobs and Managers

Several recurring scenarios fall outside the standard overtime framework and catch employees off guard.

• Sunday and public‑holiday work. Working on Sunday in Switzerland is only lawful with a permit. Where authorised, employees are entitled to a 50% wage premium and compensatory rest. All Sunday hours count toward the weekly total.
• Night work (23:00–06:00). Regular night work requires a permit and attracts either a 10% time supplement (for regular night workers) or a 25% pay premium (for temporary night work). Night workers are also entitled to a medical check‑up.
• Second jobs. Holding two jobs is legal, but the combined working hours across all employers must not breach the statutory weekly maximum or rest‑period requirements. An employee whose two contracts together exceed 45 or 50 hours per week is in breach, and both employers may share liability.
• Managers and senior executives. The Labour Act’s overtime provisions do not apply to employees in “senior managerial positions”, but the threshold is high. The employer must demonstrate that the employee exercises genuine autonomous decision‑making power. Misclassification is common, and employees who suspect they have been wrongly labelled as managers should seek legal advice.

Fast Checklist for Employees: Protect Your Overtime Entitlements

1. Know your category. Confirm whether your role falls into the 45‑hour or 50‑hour weekly maximum group.
2. Track your hours independently. Keep a personal daily log of start times, end times and breaks, even if your employer also records them.
3. Read your contract carefully. Check whether the 25% premium for extra hours (Überstunden) has been excluded. The 25% for statutory overtime (Überzeit) cannot be excluded.
4. Request your employer’s time records at least once a year, using the template above.
5. Act promptly on unpaid overtime. Send a written request within weeks of the pay period in question, do not let months pass.
6. Seek legal advice early if the amounts are significant, your employer is unresponsive, or you face retaliation.

Conclusion: Can I Work More Than 60 Hours a Week in Switzerland?

For the vast majority of employees in Switzerland, the answer to whether you can work more than 60 hours a week in Switzerland is a clear no, not on any regular basis. The Federal Labour Act caps weekly working hours at 45 or 50 hours, limits statutory overtime to two hours per day and 170 or 140 hours per year, and mandates a non‑waivable 25% premium on every hour of statutory overtime. Even where short‑term exceptions exist, emergencies, collective‑agreement provisions, seasonal peaks, the annual ceiling ensures that sustained 60‑hour weeks are legally impossible without breaching the law.

If you suspect your employer is not tracking or paying your overtime correctly, take these steps now:

• Start keeping your own contemporaneous time log today.
• Request your employer’s records using the template in this guide.
• Send a written claim for any unpaid hours without delay.
• Consult a Swiss labour lawyer if the situation involves significant sums, contract ambiguities or any form of retaliation.

Sources

1. ch.ch, Contractual and statutory overtime
2. SECO, Work and rest period
3. KMU / SECO portal, Overtime
4. GetYourLawyer, Unpaid overtime guide
5. employees.ch, Not all overtime is the same
6. IamExpat.ch, Working hours & overtime in Switzerland
7. Lucca, Working hours in Switzerland: What does SECO say?