Overtime and Break Laws in Switzerland (2026)
Labour Act (Arbeitsgesetz, ArG, SR 822.11); Code of Obligations art. 321c (OR, SR 220) · Reviewed 2026-10 · Private-sector employees
Overtime
Hours past the legal weekly maximum (45 hours for industry, office, technical and large-retail sales staff; 50 for everyone else) are Überzeit and earn at least a 25% surcharge. Hours past the contractual week but under the maximum (Überstunden) also earn 25% unless a written agreement or collective agreement says otherwise.
Breaks and lunch
Minimum breaks of 15 minutes for a day over 5.5 hours, 30 minutes for over 7 hours, and 1 hour for over 9 hours. Breaks count as paid working time only if the worker may not leave the workplace.
Overtime in Switzerland
- 1.25x pay for hours past 45 in a week.
- For workers with a 50-hour legal maximum, the statutory Überzeit row starts at 50 hours instead of 45.
- Office staff, technical employees and large-retail sales staff only get the Überzeit surcharge for Überzeit beyond 60 hours a calendar year.
- No surcharge is due if Überzeit is offset by equal time off with the employee's consent, within a reasonable period.
- Überzeit is capped at 2 hours a day (except on non-working weekdays or emergencies) and at 170 hours a year (45-hour workers) or 140 hours a year (50-hour workers).
- Überstunden (OR art. 321c): normal pay plus at least 25%, or equal time off with the employee's consent; the surcharge can be excluded by written agreement, a standard employment contract or a collective agreement.
- Switzerland is not in the EU, so the 48-hour average cap does not apply; the ArG weekly maximums do.
What two weeks of work come to
Worked out by the rule above (1.25x after 45h in a week). Hours.
| Two weeks of | Regular | Overtime (1.25x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 90 | 10 |
| 6 days of 9 hours, two weeks (108h) | 90 | 18 |
| 50 hours, then 30 hours (80h) | 75 | 5 |
Breaks and lunch in Switzerland
- Rest break: 1 × 15 minutes, unpaid, for shifts of 5.5 hours or more.
- Rest break: 1 × 30 minutes, unpaid, for shifts of 7 hours or more.
- Rest break: 1 × 60 minutes, unpaid, for shifts of 9 hours or more.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | None |
| 6 hours | 1 × 15 min, unpaid | None |
| 8 hours | 1 × 30 min, unpaid | None |
| 10 hours | 1 × 60 min, unpaid | None |
| 12 hours | 1 × 60 min, unpaid | None |
- Thresholds are 'more than' 5.5, 7 and 9 hours of daily working time; the tiers replace each other (the 1-hour break is the total, not extra).
- Breaks are working time (paid) when employees are not allowed to leave their workplace.
- Daily rest of at least 11 consecutive hours; for adults it can drop to 8 hours once a week if the 11-hour average holds over two weeks.
- Workers with family duties can ask for a lunch break of at least 1.5 hours.
Pay by Switzerland rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Switzerland: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Switzerland?
Hours past the legal weekly maximum (45 hours for industry, office, technical and large-retail sales staff; 50 for everyone else) are Überzeit and earn at least a 25% surcharge. Hours past the contractual week but under the maximum (Überstunden) also earn 25% unless a written agreement or collective agreement says otherwise.
What breaks are required in Switzerland?
Minimum breaks of 15 minutes for a day over 5.5 hours, 30 minutes for over 7 hours, and 1 hour for over 9 hours. Breaks count as paid working time only if the worker may not leave the workplace.