Overtime and Excess Hours
This article will highlight the main differences between overtime and excess hours, giving you all the information you need.
Overtime and excess hours
Working overtime means working longer hours than agreed in your contract of employment. According to Art. 321c OR, the employer is obliged to pay for overtime work. This also counts for part-time employment. The employee is then entitled to charge an additional fee of 25%. However, this surcharge can be excluded or regulated through the employee’s contract. A compensation of overtime work without a bonus requires the consent of the employee and must be subject to a 1:1 ratio.
Excess hours are subject to the Employment Act. These hours start when the maximum legal working hours have been reached. This limit is 45 hours for the industrial sector, office staff, laboratory assistants and sales staff in large retail businesses. For all other sectors the limit is 50 hours. According to Art. 13 of the Employment Act, an employee is entitled to additional 25% payment for excess hours. A compensation of overtime work without a bonus requires the consent of the employee and must be subject to a 1:1 ratio.
Special conditions for managerial employees
Managerial employees are not subject to the Employment Act. They only benefit from a compensation of excess hours if they have contractually agreed working hours, if additional workload has been given, all employees are working excess hours over a long period of time or if any form of compensation was agreed in advance.
