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Old 08.04.2016, 08:56
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Overtime paid out

Hello all, I really need some help for my case.

I've been paying for normal overtime and 125% overtime from the 21st hour.

My HR just told me that it has always mistaken and they want me to return the 'overpaid' salary.

Aside from my contract, what about Swiss Labour Law about overtime? Should I been paid for 125% after 20 hours of OT or what? Tks a lot.

Br, J
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Old 08.04.2016, 09:07
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Re: Overtime paid out

I can't point you in the direction of an official answer, but I believe that compulsory compensation at 125% only kicks in from 23.00 during the week.
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Old 08.04.2016, 09:51
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Re: Overtime paid out

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Hello all, I really need some help for my case.

I've been paying for normal overtime and 125% overtime from the 21st hour.

My HR just told me that it has always mistaken and they want me to return the 'overpaid' salary.

Aside from my contract, what about Swiss Labour Law about overtime? Should I been paid for 125% after 20 hours of OT or what? Tks a lot.

Br, J
What is the exact wording in your contract?
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Old 08.04.2016, 09:57
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Re: Overtime paid out

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I can't point you in the direction of an official answer, but I believe that compulsory compensation at 125% only kicks in from 23.00 during the week.
At my company the 125% compensation kicks in at 20.00...
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Old 08.04.2016, 09:58
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Re: Overtime paid out

see here:

https://www.ch.ch/en/overtime-and-extra-hours/


Are you talking about 21 hours of overtime in a week, or about working past 9 pm?

If you work at night, see here:

https://www.ch.ch/en/working-night-or-sundays/
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Old 09.04.2016, 01:24
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Re: Overtime paid out

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Hello all, I really need some help for my case.

I've been paying for normal overtime and 125% overtime from the 21st hour.

My HR just told me that it has always mistaken and they want me to return the 'overpaid' salary.

Aside from my contract, what about Swiss Labour Law about overtime? Should I been paid for 125% after 20 hours of OT or what? Tks a lot.

Br, J

do check what your contract tells and check if an "Personalreglement" or "GAV" is existing and what it is telling.
For example when i left my old employer 2008 i did charge my employer with 25% for any overtime houer as the Law in Switzerland told this but... but, but... here it is the law tells further that in case in the wording of the contract or the GV, Personalagreement somthin else is written you can end up even with nothing or less 125% (or more).
In my case i asked for 320hr X 125% from employer but did get 160hr X 100% and 160hr i lost because it was written in the contract that inside my payroll this 160hr included.
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Old 09.04.2016, 02:30
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Re: Overtime paid out

Each company has different rules and within each company different departments may have different contracts and rules


In my case everything above 40 hours per week gets paid as overtime with the additional 25% and even if I take the fourth week of the month free. Other departments in the same company may not pay as well...


There's nothing like a "Swiss overtime pay regulation".
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Old 09.04.2016, 10:48
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Re: Overtime paid out

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There's nothing like a "Swiss overtime pay regulation".
Yes, there is.

Unless someone is in a role of a supervisor/manager, overtime hours are regulated by the code of obligations - and this applies to all cases unless otherwise agreed and signed upon in the work contract. It is possible to have a contract where it states in writing that overtime hours will not be paid at 125%, or reimbursed with the equivalent amount of hours in paid time off. Otherwise, the employer is obligated to pay the overtime hours at 125% for each hour over 50 hours/week, and there is a maximum amount of overtime allowed per calendar year - 170 hours in most cases. On aspects that do not concern pay, a contract can never supercede the code of obligations - i.e, it is not valid to have to work 200 hours of overtime each year, even if it has been signed on in the contract - the code of obligations trumps any contract and the contract would be considered illegal, invalid, and non-binding if it is not in accordance with the law.
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Old 11.04.2016, 22:16
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Re: Overtime paid out

Thanks all for your reply. I totally forgot to check my contract. Since I've always been paid in this way, so I did not realise that it is not enforced by Swiss Law but a mistake from HR.

I've a normal desk job, 9-18h only. So I guess I might have to pay them back. What about the tax that I overpaid then?
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Old 11.04.2016, 23:14
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Re: Overtime paid out

You should get back all the taxes you paid as well. Just ask the HR people how they will do it. After all they made the mistake and not you.
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