Best Wage & Hour Lawyers in Arlesheim

About Wage & Hour Law in Arlesheim, Switzerland

Wage and hour rules in Arlesheim are primarily governed by Swiss federal law, complemented by cantonal provisions from Basel-Landschaft and any applicable collective bargaining agreements. Most day-to-day topics such as working time limits, breaks, night and Sunday work, and recordkeeping requirements are set by the Federal Labour Act. Pay, overtime under contract, vacation, public holiday pay arrangements, and salary deductions are largely regulated by the Swiss Code of Obligations, collective agreements, and individual employment contracts. Arlesheim does not have its own standalone wage and hour code, but local institutions in Basel-Landschaft supervise compliance and provide dispute resolution.

Switzerland does not have a nationwide statutory minimum wage. Basel-Landschaft currently has no general cantonal minimum wage either. However, certain sectors are covered by collective agreements that set binding minimum wages and detailed working time rules. These agreements apply if you work in a covered industry or if they have been declared generally binding.

Why You May Need a Lawyer

Many wage and hour issues can be solved informally with HR, but legal help becomes important when pay or time rules are unclear or ignored. Common situations include repeated unpaid overtime or on call time, disputes over whether travel time counts as work, denial of legally required breaks or rest periods, pressure not to record all working hours, or disagreements about whether a collective agreement sets your minimum wage. A lawyer can also help if you were dismissed after asserting wage rights, if you suspect unlawful salary deductions, or if you need to calculate complex supplements for night or Sunday work.

In the Basel region, cross border commuting and multilingual workforces can add complexity to contracts, time recording, and enforcement. Counsel can identify which law applies, check posting of workers rules for foreign employers, and represent you before the conciliation authority and courts in Basel-Landschaft if a settlement cannot be reached.

Local Laws Overview

Working time limits are set by the Federal Labour Act. The standard maximum weekly hours are 45 hours for industrial workers and for office, technical, and large retail employees, and 50 hours for most other employees. Hours beyond your individual contract but below these maxima are overtime under the Code of Obligations. Hours beyond the statutory maxima are excess hours under the Labour Act.

Overtime under the Code of Obligations is usually compensated with time off of equal duration or with pay plus a 25 percent supplement, unless an agreement or a collective agreement validly provides otherwise. Excess hours under the Labour Act are generally compensated with pay plus a 25 percent supplement or equivalent time off. The Labour Act contains limited exceptions for certain categories and thresholds, so the exact rule depends on your role and agreements.

Employers must keep working time records. A simplified or waived recording regime is possible only under strict conditions, typically for employees with substantial autonomy and based on a written agreement that meets specific legal requirements.

Breaks are mandatory. If daily work exceeds 5.5 hours you are entitled to at least 15 minutes, more than 7 hours to at least 30 minutes, and more than 9 hours to at least 60 minutes. Breaks are paid if you cannot freely leave your workstation.

Night work is typically from 23:00 to 06:00 and usually needs authorization. Temporary night work often triggers a wage supplement of 25 percent. Regular night work is compensated differently, often through a time credit, and involves health protection rules. Sunday work and work on public holidays designated by Basel-Landschaft are strictly regulated and usually require authorization and a wage supplement or compensatory rest, particularly for temporary Sunday work.

Vacation is at least four weeks per year under the Code of Obligations, five weeks for employees up to 20 years old. Public holidays are defined at cantonal level. In Basel-Landschaft, several public holidays are treated like Sundays for working time purposes. Whether you receive public holiday pay depends on your contract or applicable collective agreement.

Equal pay for equal work is guaranteed by the Federal Constitution and the Gender Equality Act. Salary payment is typically monthly. A 13th month salary is only owed if agreed or customary in your sector or company. Salary deductions are allowed only if legally required or expressly agreed and reasonable.

Young workers, pregnant employees, and new parents benefit from additional protections that affect scheduling and permissible work. Employers must respect daily rest of at least 11 consecutive hours and a weekly rest period that includes Sunday.

Frequently Asked Questions

What is the maximum number of hours I can be required to work per week?

The Labour Act caps weekly hours at 45 for industrial, office, technical, and large retail employees, and 50 for most others. Your contract may set a lower target. Hours beyond the statutory caps are tightly regulated and trigger specific compensation rules.

Do I have a right to overtime pay?

Yes, but how it is calculated depends on the type of extra time. Overtime under your contract is generally paid with a 25 percent supplement or compensated with time off, unless a valid agreement or collective agreement provides differently. Excess hours beyond the statutory maximum usually require a 25 percent supplement or time off subject to limited legal exceptions.

Must my employer record my working time?

Yes. Employers must keep accurate records of employees working time. Simplified recording or a waiver is possible only for employees with substantial autonomy and based on a compliant written agreement. Without such an agreement, full time recording is mandatory.

Are breaks mandatory and are they paid?

Breaks are mandatory once daily work exceeds 5.5 hours. They are paid only if you cannot leave your workstation and are not free to use the time as you wish. Otherwise, breaks are unpaid but must be scheduled so you can actually take them.

How are night and Sunday work compensated?

Night work typically requires authorization and compensation. Temporary night work usually carries a 25 percent supplement. Regular night work is often compensated through a time credit and health protections. Sunday work and work on Basel-Landschaft public holidays generally require authorization and attract a supplement or compensatory rest when temporary.

Is there a minimum wage in Arlesheim or Basel-Landschaft?

There is no general minimum wage at the federal level or in Basel-Landschaft. However, collective agreements in certain sectors set binding minimum wages. If your industry is covered, those rates apply even without an individual agreement.

Does travel time count as working time?

Normal commuting does not count. Travel that is required by the employer during the workday, such as travel between job sites or to a client, typically counts as working time. When travel is outside normal hours or involves overnight trips, the treatment depends on your role, agreement, and any applicable collective agreement.

What about on call time and standby duty?

On site on call time generally counts fully as working time. Standby at home may count partly or fully depending on how much it restricts your freedom and the required response time. Contracts and collective agreements often specify the compensation scheme and supplements.

Can my employer deduct money from my wages for mistakes or damage?

Deductions are only lawful if required by law or expressly agreed in writing and reasonable. Employers bear business risk. Deductions for damage require clear fault and proportionality. Excessive or unilateral deductions are unlawful.

How long do I have to claim unpaid wages or overtime?

Most wage claims, including overtime, generally become time barred after five years. Claims related to abusive dismissal or immediate termination have shorter steps and deadlines, including a written objection by the end of the notice period and filing within 180 days for certain claims. Act quickly and seek advice if time is short.

Additional Resources

State Secretariat for Economic Affairs SECO provides federal guidance on working time, night and Sunday work, and enforcement practices.

Amt für Wirtschaft und Arbeit Basel-Landschaft, including the cantonal Labour Inspectorate, supervises compliance with the Labour Act and can advise on permits for night and Sunday work.

Schlichtungsbehörde in Arbeitsstreitigkeiten Basel-Landschaft provides mandatory conciliation for employment disputes before court proceedings. The competent authority for the Arlesheim area can inform you about filing a request.

Unia and Syna are major trade unions that advise workers on collective agreements, minimum wages, and enforcement of wage claims.

Employers association resources and industry associations in Basel region can clarify which collective agreement applies in your sector.

Basel-Landschaft bar association and local legal aid services can provide referrals to employment lawyers and information on legal assistance.

Next Steps

Start by gathering key documents. Collect your employment contract, any amendments, staff handbook, time sheets or electronic time data, payslips, bonus or commission plans, emails or messages about schedules, and any collective agreement your employer says applies. Create a timeline of hours worked, breaks taken, night or Sunday shifts, and any on call or travel work.

Raise the issue internally in writing. Clearly state what you believe is owed, how you calculated it, and request a response by a specific date. Keep communications factual and save copies. If a collective agreement may apply, reference the relevant provisions if you know them.

If the issue concerns working time compliance, health and safety, or permits for night or Sunday work, contact the Basel-Landschaft Labour Inspectorate for guidance. For pure pay disputes or damages, consider legal advice.

Consult an employment lawyer in Basel-Landschaft if the sums are significant, the facts are disputed, or you face retaliation risks. A lawyer can assess whether your extra hours are overtime or excess hours, identify applicable supplements, and check whether time recording and break rules were followed.

If no agreement is reached, file a request with the Schlichtungsbehörde in Arbeitsstreitigkeiten Basel-Landschaft for mandatory conciliation. Many cases settle at this stage. If conciliation fails, you can bring a claim before the competent civil court. Be mindful of the five year limitation period for wages and the shorter steps and deadlines that apply to dismissal related claims.

Throughout the process, continue to document hours and communications. Avoid signing any settlement or waiver before you fully understand its impact on your wage and hour rights.