Best Wage & Hour Lawyers in Arlesheim

About Wage & Hour Law in Arlesheim, Switzerland

Wage and hour rules in Arlesheim are primarily set by Swiss federal law and apply across the canton of Basel-Landschaft. The Swiss Code of Obligations governs core aspects of pay, vacation, and employment contracts, while the Labour Act regulates working time, rest, night work, and Sunday work. Collective bargaining agreements and standard employment contracts may add binding minimum pay and detailed scheduling rules in certain industries. Local authorities in Basel-Landschaft inspect compliance with working time and safety rules, and employment disputes are handled by cantonal conciliation authorities and courts. Because many employers in the region rely on cross-border and posted workers, Swiss minimum standards generally apply to work performed in Arlesheim.

Why You May Need a Lawyer

You may benefit from legal advice if you are not being paid the agreed wage or minimums set in a collective agreement, if overtime is not compensated, or if your employer fails to pay on time. A lawyer is helpful when you are scheduled for unlawful night or Sunday work without permits or premiums, when breaks and daily rest are denied, or when your time is not recorded correctly. Legal help is often needed to enforce vacation and public holiday pay, to claim wage continuation during illness or after an accident, to secure income compensation for maternity or paternity leave, or to recover unpaid bonuses, commissions, or a 13th month salary agreed by contract or collective agreement. You may also need counsel if your employer makes unlawful deductions, changes your work schedule without sufficient notice or consent, retaliates after you assert your rights, or if you face complex cross-border or posting scenarios. In case of termination, a lawyer can help with final wage claims, accrued vacation compensation, and any certificates of employment.

Local Laws Overview

Working time. The legal maximum weekly working time is generally 45 hours for industrial undertakings, office staff, technical employees, and retail staff, and 50 hours for other employees. Daily rest must be at least 11 consecutive hours. Once per week, daily rest may be reduced to 8 hours if the shortfall is compensated and the average over 2 weeks remains at least 11 hours. Employers must grant one weekly rest day of at least 24 hours, usually on Sunday.

Breaks. Minimum unpaid breaks apply by law. After more than 5.5 hours of work a 15 minute break is due, after more than 7 hours a 30 minute break, and after more than 9 hours a 60 minute break. Breaks count as working time only if the employee cannot freely dispose of the time.

Overtime and excess hours. Hours above the contract but below the legal maximum are overtime under the Code of Obligations. Unless otherwise agreed, overtime is paid with a 25 percent premium or compensated with time off of equal duration with the employee’s consent. Hours beyond the legal maximum are excess hours under the Labour Act. Excess hours are capped annually and must be paid with at least a 25 percent premium, subject to limited exceptions for certain categories. Senior managers not covered by the Labour Act are subject to different rules that should be assessed case by case.

Night and Sunday work. Night work typically means work between 23:00 and 06:00. Sunday work is generally prohibited without a permit. Temporary night work is compensated with a wage premium of at least 25 percent. Permanent night work and approved Sunday work grant specific time credits or premiums according to law or collective agreement.

Vacation and public holidays. The statutory minimum vacation is 4 weeks per year, and 5 weeks for employees under 20. August 1 is a federal public holiday treated like a Sunday. Other public holidays are set by Basel-Landschaft and treated similarly to Sundays for work restrictions and pay if applicable under contract or collective agreement. Collective agreements or contracts may grant additional paid holidays.

Wages and minimums. Switzerland has no nationwide statutory minimum wage. In Basel-Landschaft there is no general cantonal minimum wage. However, many binding collective agreements and standard employment contracts set minimum wages in specific sectors such as construction, hospitality, cleaning, private security, and temporary agency work. If such an instrument applies, its minimums are mandatory.

Pay rules. Wages are usually payable monthly at the end of the month. Employers must provide a payslip. Unlawful deductions are not allowed. A 13th month salary is due only if agreed by contract, by practice, or by a collective agreement. Equal pay for work of equal value is guaranteed by the Gender Equality Act.

Sickness, accidents, and leave. After probation, employers must continue salary during illness for a limited time based on cantonally recognized scales, unless equivalent daily sickness insurance is provided. Occupational and non occupational accident insurance is mandatory and can cover wage loss according to the Accident Insurance Act. Maternity leave is at least 14 weeks at 80 percent of income paid through the income compensation scheme, and paternity leave is 2 weeks at 80 percent. Additional caregiver protections apply in specific cases.

Time recording. Employers must record working time. Simplified recording or a waiver is possible only under strict conditions and typically for highly autonomous employees under a formal agreement. Even with simplified models, core limits on working time and rest still apply.

Cross border and posted workers. Work performed in Arlesheim is generally subject to Swiss wage and hour standards. Posted workers must receive Swiss minimum standards, including any binding minimum wages and working time protections in applicable collective agreements. Enhanced controls against wage dumping are performed by tripartite commissions.

Enforcement and procedure. The Labour Inspectorate in Basel-Landschaft oversees compliance with the Labour Act, including working time, night and Sunday work, and health protection. Wage payment disputes are civil matters handled through the cantonal conciliation authority and courts. Wage claims typically expire 5 years after becoming due, so acting promptly is important.

Frequently Asked Questions

Is there a minimum wage in Arlesheim

There is no general statutory minimum wage in Basel-Landschaft. However, many sectors have binding collective agreements or standard employment contracts that set enforceable minimum wages. Check your contract, your industry’s agreement, and whether a binding instrument applies to your employer.

What is the legal maximum for weekly working hours

The legal maximum is generally 45 hours per week for office staff, technical staff, industrial and retail employees, and 50 hours per week for other employees. Contractual weekly hours may be lower. Hours above the legal maximum are strictly regulated and capped annually.

How is overtime paid

Overtime above your contractual hours but below the legal maximum is paid with a 25 percent premium unless you agree to take time off of equal duration instead or unless a valid agreement or collective agreement provides differently. Hours beyond the legal maximum are excess hours that must be compensated with at least a 25 percent premium subject to legal exceptions.

Do I have to record my working time

Yes. Employers must ensure working time is recorded. In limited cases, highly autonomous employees may use simplified recording or agree to a recording waiver under strict conditions. Even then, legal limits on working time and rest still apply and must be monitored.

What breaks and rest periods am I entitled to

You are entitled to minimum unpaid breaks based on shift length and to at least 11 consecutive hours of daily rest. You also have a weekly rest day of at least 24 hours, usually on Sunday. Breaks count as working time only if you cannot freely spend the time.

What are the rules for night and Sunday work

Night work usually means 23:00 to 06:00 and requires premiums or time credits. Sunday work needs a permit except for specific sectors. Permanent night work has special compensation rules and protections. Collective agreements often specify higher premiums.

How much vacation and holiday pay do I receive

The legal minimum is 4 weeks of paid vacation per year, or 5 weeks if you are under 20. Public holidays recognized in Basel-Landschaft and August 1 may trigger paid time off or wage treatment depending on your contract or collective agreement. Unused vacation is generally compensated upon termination if it cannot be taken.

What happens if my employer pays late or not at all

You can make a written demand, claim default interest, and if needed start debt enforcement proceedings through the local debt collection office. You may also file a claim with the conciliation authority in employment matters. Preserve payslips, time records, and correspondence. Limitation periods apply, commonly 5 years for wage claims.

What are my rights during illness, accident, or maternity

During illness, employers must continue salary for a limited period after probation or provide equivalent daily sickness insurance. Accident insurance is mandatory and covers wage loss per statutory rules. Maternity leave is at least 14 weeks at 80 percent income and paternity leave is 2 weeks at 80 percent, paid through social insurance.

Can my employer change my schedule or reduce hours unilaterally

Changes to essential terms like workload, function, or work location generally require your consent or a lawful notice of change. Short notice cancellations of on call work may trigger compensation depending on the agreement and circumstances. Review your contract and any collective agreement and seek advice if schedules change without agreement.

Additional Resources

Basel-Landschaft Labour Inspectorate within the cantonal office for industry, trades, and labor for questions on working time, rest, night and Sunday work, and health protection.

Tripartite Commission of Basel-Landschaft for monitoring compliance with binding minimum wages and measures against wage dumping.

State Secretariat for Economic Affairs SECO for federal guidance on working time, night and Sunday work, and posted workers.

Debt collection office Betreibungsamt for initiating debt enforcement when wages are unpaid.

Conciliation authority in employment matters Schlichtungsbehörde im Arbeitsrecht for mandatory conciliation before filing a court claim.

Trade unions such as Unia and Syna for sector specific advice, collective agreement information, and representation.

Accident insurer SUVA or your employer’s accident insurer for accident wage loss information and claims.

Legal aid office and private legal protection insurers for cost coverage in employment disputes.

Next Steps

Collect the facts. Gather your employment contract, any addenda, staff handbook, payslips, time records, schedules, emails, and written instructions. Keep your own detailed time log if employer records are incomplete or disputed.

Check whether a collective agreement or standard employment contract applies to your job or sector. These often set binding minimum wages, overtime rules, and premiums.

Raise the issue in writing with your employer or HR, state what you believe is owed, and ask for correction by a clear deadline. Stay professional and keep copies.

If working time, night, or Sunday work rules are at issue, contact the Basel-Landschaft Labour Inspectorate for guidance and possible inspection. For unpaid wages, consider starting debt enforcement to protect your position.

Seek legal advice from a wage and hour lawyer familiar with Basel-Landschaft practice. A lawyer can assess your claim value, limitation periods, evidence, and strategy, and can represent you in conciliation and court.

Start conciliation. Before suing, you must file with the conciliation authority in employment matters in Basel-Landschaft. The process is designed to resolve disputes quickly and at low cost.

Mind deadlines. Many wage claims expire after 5 years, and some collective agreements include shorter complaint deadlines. Act promptly, especially after termination.

Ask about cost coverage. If you have legal protection insurance, notify your insurer. If your means are limited, inquire about legal aid. Assistance may be available in German, and you can request interpretation if needed.

With timely action, proper documentation, and the right guidance, most wage and hour issues in Arlesheim can be clarified or enforced effectively.