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Old 22.04.2017, 14:20
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Unpaid extra hours by contract. Normal?

Hello,

Is it normal in a Swiss contract to agree to do unpaid extra hours if needed?

It sounds abusive to me, what do you think?

Any idea about how this could be rewritten in a softer way?

Many thanks.
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Old 22.04.2017, 14:23
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Re: Unpaid extra hours by contract. Normal?

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Hello,

Is it normal in a Swiss contract to agree to do unpaid extra hours if needed?

It sounds abusive to me, what do you think?

Any idea about how this could be rewritten in a softer way?

Many thanks.
AFAIK you are either non-exempt and get paid for overtime or exempt and all is included so no overtime. I have it in my contract, not abusive to me as I know this when I signed my contract

And as long as you can use these extra hours to take that time off on another day IŽd be fine with that.
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Old 22.04.2017, 14:24
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Re: Unpaid extra hours by contract. Normal?

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And as long as you can use these extra hours to take that time off on another day IŽd be fine with that.
With that it would be fine

Is that stated in your contract?

Many thanks.
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Old 22.04.2017, 14:26
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Re: Unpaid extra hours by contract. Normal?

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With that it would be fine

Is that stated in your contract?

Many thanks.
No, I am exempt which means I do my job whatever time it takes. However, I do compensate (a bit) sometimes and enjoy my higher salary.

Check the OR as any company in Switzerland should adhere to that
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Old 22.04.2017, 14:42
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Re: Unpaid extra hours by contract. Normal?

Thanks, whats the OR?

Is exempt a normal terminology that can be found in contracts?

Sorry too many new things for me , but many thanks for the help
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Old 22.04.2017, 15:25
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Re: Unpaid extra hours by contract. Normal?

It depends on where you are in the hierarchy. If below manager you get paid overtime/toil. That's a legal requirement. If you are in a managerial role (Kader) you get paid to do your job, not a set number of hrs. As compensation the salaries are higher, there may be bonus entitlement etc. There are also employment law limitations to max working week, weekend and holiday working etc. These don't stop just because you are Kader.
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Old 22.04.2017, 16:24
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Re: Unpaid extra hours by contract. Normal?

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Thanks, whats the OR?

Is exempt a normal terminology that can be found in contracts?

Sorry too many new things for me , but many thanks for the help
You need to read a Swiss employment contract in conjunction with the Swiss legal framework (OR) as the contract itself will normally only address exceptions to the law.

If your contact is silent on say termination notice the the OR applies and so on.
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Old 22.04.2017, 17:36
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Thanks, I would like to check whats the max pero week they can ask me for...

Where can I find the Swiss legal framework? Does not seem easy with google..

To clarify,
In the contract it just says I agree to do unpaid extra hours if needed. I don't think its normal that they have the choice to say for example that is always needed. I mean, it seems quite open.

Last edited by 3Wishes; 22.04.2017 at 18:30. Reason: merging consecutive replies
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Old 22.04.2017, 17:44
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Re: Unpaid extra hours by contract. Normal?

You may want to post the exact wording? Not just your translation, that might help.
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Old 22.04.2017, 17:45
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Re: Unpaid extra hours by contract. Normal?

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It depends on where you are in the hierarchy. If below manager you get paid overtime/toil.
In most large international companies, I think you will be expected to work as long as needed without paid overtime, unless you are in a union agreement. So, in the hierarchy, that extends way below manager. In my experience, the bonuses, etc. for those without overtime are purely up to management to decide and may turn out to be non-existent. In my old company, promotions out of union ruled positions were sometimes refused for this reason.
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Old 22.04.2017, 18:05
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Re: Unpaid extra hours by contract. Normal?

OR stands for Obligationenrecht.
It is a part of the ZGB, which stands for Schweizerischen Zivilgesetzbuches.

In English: The "Code of Obligations" is part of the "Swiss Civil Code".

The Swiss government very kindly has some of its laws translated into English.
The translations, while they can help a lot to understand the concepts, are always very correctly prefaced with this disclaimer:
"English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force."

You need:
Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
and in there
Title Ten: The Employment Contract
which starts with Art. 319.
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Old 22.04.2017, 18:22
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Re: Unpaid extra hours by contract. Normal?

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OR stands for Obligationenrecht.
It is a part of the ZGB, which stands for Schweizerischen Zivilgesetzbuches.

In English: The "Code of Obligations" is part of the "Swiss Civil Code".

The Swiss government very kindly has some of its laws translated into English.
The translations, while they can help a lot to understand the concepts, are always very correctly prefaced with this disclaimer:
"English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force."

You need:
Federal Act on the Amendment of the Swiss Civil Code (Part Five: The Code of Obligations)
and in there
Title Ten: The Employment Contract
which starts with Art. 319.
Many thanks, that helped a lot.

However in the Overtime article there is nothing related to a maximum number of hours per week.

Art. 321c
1 If more hours of work are required than envisaged under the employment
contract or provided for by custom, standard employment
contract or collective employment contract, the employee is obliged to
perform such overtime to the extent that he is able and may conscionably
be expected to do so.
2 In consultation with the employee, the employer may compensate
him within an appropriate period for the overtime worked by granting
him time off in lieu of at least equal length.
3 Where the overtime is not compensated by time off in lieu and unless
otherwise agreed in writing or under a standard employment contract
or collective employment contract, the employer must compensate the employee for the overtime worked by paying him his normal salary
and a supplement of at least one-quarter thereof.
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Old 22.04.2017, 18:48
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Re: Unpaid extra hours by contract. Normal?

Read article 12 of the labor law.

https://www.admin.ch/opc/de/classifi...049/index.html
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