Best Wage & Hour Lawyers in Chur

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Chur, Switzerland

Founded in 2019
4 people in their team
English
Brändli Rechtsanwälte AG is a Chur-based law firm that focuses on litigation and advisory work across civil and criminal matters, providing representation for individuals, businesses and public bodies. The firm maintains a practice profile that includes family law, criminal defence, tenancy and...
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About Wage & Hour Law in Chur, Switzerland

This guide explains practical information about wage and hour matters for people living or working in Chur, the capital of the canton of Graubunden. In Switzerland most employment rules that affect wages, working hours, overtime, breaks, holidays and termination are set at the federal level and applied locally. Employers and employees in Chur must also observe any sectoral collective labor agreements and cantonal rules that affect public holidays, inspections and enforcement. If you work in Chur you are protected by Swiss employment law, and you have routes to resolve disputes about unpaid wages, unlawful deductions, overtime pay, wrongful termination and other wage-related claims.

Why You May Need a Lawyer

You may need a lawyer when a wage or hour problem cannot be resolved through internal channels or simple administrative steps. Common situations include:

- Unpaid wages, withheld salaries or unlawful deductions that the employer refuses to pay.

- Disputes about overtime pay, compensatory rest, or incorrect calculation of working hours.

- Wrongful dismissal or termination that breaches notice periods, contractual protections or statutory safeguards.

- Misclassification as an independent contractor to avoid social security contributions and employee protections.

- Breach of a collective labor agreement that affects minimum pay, allowances or working conditions in your sector.

- Discrimination, retaliation, or harassment connected to wage and hour issues.

- Complex cases requiring urgent measures such as injunctions, recovery through debt enforcement procedures or cross-border employment issues.

A lawyer experienced in Swiss employment law can assess your claim, explain time limits, draft formal demands, represent you in conciliation proceedings, negotiate settlements and, if needed, bring claims in court or handle debt-collection proceedings.

Local Laws Overview

Key legal sources and rules relevant in Chur include the following:

- Swiss Code of Obligations - employment contract rules. The Swiss Code of Obligations governs the basic rights and duties of employers and employees, including salary payment, notice periods, deductions and written employment contracts.

- Federal Labour Law - Arbeitsgesetz (ArG). The Labour Law sets rules on maximum working hours, overtime, rest periods, night and Sunday work, health and safety at work, and record-keeping obligations for working hours in certain sectors.

- Collective labor agreements - GAV. Many sectors in Switzerland have collective agreements that set minimum wages, allowances, working-time rules and procedures for dispute resolution. These agreements apply to covered employers and employees in Chur.

- Cantonal and municipal provisions. Public holidays and certain administrative procedures are set at the cantonal or municipal level. Enforcement and workplace inspections are handled by the cantonal labour inspectorate or equivalent authority in Graubunden.

- Social security and tax deductions. Employers must deduct social security contributions and tax at source where applicable. Deductions from wages are permitted only where lawful and proportionate.

- Limitations and procedural rules. Wage claims are typically subject to statutory limitation periods and may require conciliation or use of debt enforcement procedures before or instead of a court action. The general limitation period for contractual claims is usually five years, with some exceptions.

Frequently Asked Questions

Am I entitled to a minimum wage in Chur?

Switzerland does not have a uniform federal minimum wage. Some sectors are covered by collective labor agreements that set minimum wages. A few cantons have introduced minimum wages by referendum, but Graubunden does not have a canton-wide statutory minimum wage. Check your employment contract and any applicable sectoral agreement to see if a minimum applies to you.

How many working hours am I allowed to work per week and what counts as overtime?

The Federal Labour Law defines standard maximum working hours and overtime rules. For many employees the normal maximum weekly hours are 45 or 50 depending on the industry and role. Hours worked beyond the normal weekly limit are normally considered overtime and must be compensated either by higher pay or compensatory time-off. The law and collective agreements set precise thresholds and required surcharges for overtime.

What overtime pay or compensation am I entitled to?

If you work overtime you are generally entitled to either monetary compensation or compensatory time-off. Where overtime is paid, the law or applicable agreement typically requires an overtime surcharge. The actual percentage and whether time-off can be used instead will depend on the employment contract, the Labour Law rules and any collective agreement.

Can my employer make deductions from my salary?

Employers may only make deductions that are lawful and proportionate, such as social security contributions, taxes and agreed repayments. Unlawful deductions for tools, uniforms or losses are generally not permitted unless the employee expressly agreed in writing and the deduction is lawful under the Code of Obligations. If you believe a deduction is unlawful, collect evidence and seek advice promptly.

What notice period applies if I am dismissed?

The Swiss Code of Obligations sets minimum statutory notice periods that depend on the duration of employment. Typical statutory periods are seven days during probation, one month during the first year, two months from year two to nine, and three months from year ten onward. Employment contracts can provide longer notice periods but not shorter than the statutory minimum. Notice is generally given to end at the end of a month unless otherwise agreed.

What are my rights if my employer does not pay my salary?

If your salary is not paid, you should first make a written demand to your employer and keep records of communications. If payment is not forthcoming, you can pursue debt-collection procedures through the cantonal debt enforcement office or initiate a claim at the competent court after any required conciliation steps. A lawyer can help calculate amounts due, prepare formal notices and represent you in enforcement or court proceedings.

How much holiday am I entitled to each year?

Under Swiss law employees are entitled to a minimum of four weeks paid annual leave. Younger employees under a specified age are typically entitled to five weeks. Collective agreements or employment contracts may provide additional leave. Holiday entitlement and accrual rules are normally set out in the employment contract and in the Code of Obligations.

What should I do if I have been misclassified as an independent contractor?

Misclassification can affect entitlement to social security, paid leave, overtime compensation and protections against dismissal. If you suspect misclassification, gather your contract, evidence of day-to-day control, working hours, how taxes and social contributions are handled, and seek legal advice. A lawyer can help challenge the classification and recover any unpaid employee entitlements.

Do I need to go to a conciliation meeting before starting a court case?

Many Swiss cantons require an attempt at conciliation or mediation in employment and civil disputes before a court lawsuit proceeds. The conciliation authority or local court registry can explain the steps required in Graubunden. A lawyer can represent you in conciliation and advise whether alternate dispute resolution or a court claim is the best path.

How long do I have to bring a wage claim?

Limitation periods vary by claim type, but contractual claims for unpaid wages are generally subject to a limitation period of five years. There can be shorter or longer periods for specific claims, and interruption of the limitation period may occur when you lodge a formal claim or initiate enforcement. Seek advice early to avoid losing rights by running out of time.

Additional Resources

Helpful resources and organizations to consult in Chur include:

- The federal authorities responsible for labour and economic matters provide guidance on labour law standards and working hours. They can clarify federal rules and national practice.

- The cantonal employment or labour office in Graubunden handles enforcement, workplace inspections and local administrative questions, including public holiday rules and workplace safety checks.

- Sector trade unions and employer associations are important for information about collective labour agreements in hospitality, construction, manufacturing and other industries.

- Debt enforcement offices and conciliation authorities handle wage recovery and pre-court dispute resolution at the cantonal and municipal level.

- Local legal aid services and bar associations can help if you have limited means and need assistance finding an employment lawyer or pro bono advice.

Next Steps

If you think your wage or hour rights have been violated, follow these practical steps:

- Gather documents - employment contract, pay slips, time records, emails and any evidence supporting your claim.

- Check your contract and any collective agreement for specific rules on pay, overtime, leave and notice periods.

- Raise the issue informally with your employer or HR in writing, requesting clarification and an itemized calculation if wages are in dispute.

- If internal steps fail, submit a formal written demand for payment or correction and set a reasonable deadline for response.

- Contact the cantonal labour authority, your sector union or a legal adviser to learn about conciliation, enforcement and the limitation period applicable to your claim.

- Consider a consultation with an employment lawyer to evaluate options - negotiation, conciliation, debt enforcement or court proceedings. Ask about fees, likely timelines and potential outcomes.

- Act promptly to preserve evidence and meet deadlines - early action increases your chances of recovery or a fair settlement.

Getting professional advice early will help you choose the most effective path in Chur and protect your rights under Swiss employment law.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.