Best Wage & Hour Lawyers in Bern

About Wage & Hour Law in Bern, Switzerland

Switzerland does not have a federal minimum wage law, hence the wage & hour laws can vary based on the different regions, industries, and specific employment contracts. In Bern, the wage and hour laws are majorly guided by Swiss Labor Law and are often enshrined in collective bargaining agreements between employers and workers. The standard workweek in Switzerland is limited to 45 hours for industrial workers, office personnel, technical personnel, and other employees including home workers. For other employees, it is at 50 hours.

Why You May Need a Lawyer

Legal advice may be necessary in several scenarios like discrepancies in your payment according to your contract, wrongful termination, workplace discrimination, denial of bonuses or increments promised, or overwork without proper compensation. An experienced attorney can also provide you with necessary advice and representation if you are involved in a dispute with your employer over any wage or hour-related issues.

Local Laws Overview

Key aspects that govern wage and hour laws in Bern include Collective Bargaining Agreements that often dictate the terms of employment including wages, work hours, holidays, overtime calculations and payments. Another aspect is the Swiss Labor Law which outlines the maximum working hours, rest periods, and rules concerning night and Sunday work. The Swiss Federal Act on Assignments (Entsendegesetz) ensures that certain minimum employment conditions such as minimum wage, working time, and holiday entitlement, are met by companies that send workers to Switzerland for a temporary period.

Frequently Asked Questions

1. Does Switzerland have a mandatory minimum wage?

No, Switzerland as a nation does not have a mandatory minimum wage. Wages are usually stipulated in employment contracts or collective bargaining agreements.

2. Can an employer demand overtime and not pay for it?

No, according to the Swiss Labor Law, employers are obligated to compensate for overtime work or provide compensatory time off.

3. What rules are there for night and Sunday work?

Night work (between 11pm and 6am) and Sunday work are generally prohibited, unless granted an exception by the Cantonal labor authorities.

4. What are the maximum working hours allowed?

Industrial workers, office personnel, technical personnel, and other employees including home workers cannot work more than 45 hours per week, while other employees can work up to 50 hours per week.

5. What are my rights if my employer breaches the conditions of our employment contract?

If your employer breaches the conditions of your employment contract, you can file a claim at the labor court. It's also advised to consult a lawyer to guide you through this process.

Additional Resources

The State Secretariat for Economic Affairs (SECO) is the main federal government organization that provides helpful resources on labor laws in Switzerland. Another useful organization is the Federal Office of Justice that provides legal advice and resources.

Next Steps

If you require legal assistance regarding wage & hour issues, it's advised to seek a consultation from a lawyer who specializes in these types of cases in Bern. There are many law firms that offer free initial consultations. Always review the terms of your employment contract carefully and do not hesitate to seek legal advice when necessary.