Hi, I'm new to the group. I have a question regarding Overtime law in Switzerland. I have worked for the past two years with out a vacation and each work week has been in excess of 60-75 hours per week. I am required to be on standby time 24/7, 365 days a year. My contract states that I have 5 hours OT per week built in to my salary and that my overtime will be reviewed regularly(it has not). I am not a manager and work weekends, and holidays. I routinely work 18 hour days with only 4-5 hours of rest between shifts. Is there any reason why I would not have a legal wage claim for Overtime compensation? Thanks!

Sounds like slavery to me.

Tom

I know rookie move....

It sounds like you could claim for a lot more than overtime, what you're doing sounds illegal.

Which industry? Are you working at a ski resort?

Do you think it is a viable claim?

Pharma/Health care

This is absolutely illegal. There are some strict rules about overtime, work at weekends and holidays. If you can prove all the points you state you are in a strong position.

There are regulations on how many hours you can work. Someone will certainly post a link with that info.

What you need to know is if the overtime is logged anywhere. If its not, then you might be screwed.

Last place I worked I did quite a lot of overtime; the employer made it clear from the beginning that OT was redeemed with extra vacation time at 1:1. Would have preferred the money! But eventually that extra vacation came in handy. If you are in pharma the company should have a pretty hefty employee handbook that outlines all this.

I've never done much overtime, though I was for a few months 12 years ago (lots of Saturdays), got it all back as extra vacation 1:1.

But yeah, no vacation is definitely illegal, 4 weeks min plus holidays (14 here, less in other parts)

Tom

The OT is not logged, I was asked not to badge in and out of the Payroll System. The only place it is recorded is on a spreadsheet I maintain.

WTF? It sounds like your employer is knowingly breaking the law and asking you to let them get away with it.

Speak to your HR department - your line manager has broken Swiss law. The 42hr week is sacred - along with Aromat and cow bells.

Thanks, will do....

Careful..... I work 55hrs per week and that can include sat/sun/public holidays etc depends if there is a SECO agreement involved.

For the OP there are minimum rest periods and those in general are 12-13 hrs away from work. what you have described is 10000% illegal - as you are on call is there a pickett roster? People on pickett are norm paid x chf per duty.

If you do not clock in or out how is your time recorded? Why has HR or timekeeping responsible not questioned why you are not clocking in or out?

You are obliged to work 60 hours of overtime on a yearly basis. Afterwards you can get paid and/or get time for time.

I had never heard of this law, would you mind sharing your source?

To OP stand up for yourself, I worked for a company, mind you very shortly where they expected for me to work 60 hours a week and no compensation...I complained they fired me...

whats your source or art. number? I have never seen that in any contract , although our contracts are different to the majority any overtime over 15 mins is accepted and returned as time off.

Unless you are being paid minimum 250k a year tax free, you should be looking for another job.

Why are you still working for them ?

I'm leaving the job....