Overtime and extraordinary hours: what do you need to know?
In this blog post, you will learn the differences between overtime and extraordinary hours and what you need to know about these two terms.
Overtime and extraordinary hours
Overtime work is any work that exceeds the contractually agreed or normal working hours. The term overtime work originates from the Swiss Code of Obligations. Art. 321c CO stipulates that employees can be obliged to work overtime. This obligation also applies to part-time work. If more is worked than agreed or usual, the employee is entitled to a supplement of at least 25%. However, a written waiver is possible. A flat-rate wage supplement is also possible. Compensation for overtime is only possible with the employee’s consent, but must then be paid on a 1:1 basis.
Extraordinary hours, on the other hand, is a term used in employment law. Extraordinary hours begin when the maximum working hours prescribed by the Labor Act are exceeded. The maximum working hours in industry, for office staff, for technical and other employees and for sales staff in large retail businesses are 45 hours and 50 hours in other businesses.
Special regulations for executive employees
Senior employees are not subject to the Employment Act. The regulation on extraordinary hours therefore does not apply to them. Managerial employees are only entitled to overtime compensation if fixed working hours have been contractually agreed, if additional tasks are assigned, if all employees work long periods of overtime or if payment for overtime has been agreed.
