Overtime: equal time off or a supplement of one quarter

Updated on October 24, 2026

Article 321c of the Code of Obligations requires the employee to work overtime insofar as they are able and good faith allows it. Those hours are compensated by time off of the same length, as a rule within a reasonable period. If the parties agree on payment, the employer owes the wage plus a supplement of at least one quarter, subject to a written exception for certain managers. Whoever claims the hours must prove their number.

Overtime and statutory extra time

Article 321c CO covers time beyond the hours agreed in the contract. The Labour Act adds a maximum weekly duration and a separate regime of statutory overtime for part of the workforce. The two questions are not the same.

Sources

Overtime in Switzerland | Avocados AI