Best Wage & Hour Lawyers in Dornach

About Wage & Hour Law in Dornach, Switzerland

Wage and hour rules in Dornach are primarily governed by Swiss federal law, applied uniformly across the country, with some cantonal and sector specific additions. The two core federal statutes are the Swiss Code of Obligations, which sets contractual employment rights such as wages, overtime, vacation, and termination, and the Federal Labour Act with its ordinances, which regulate working time, rest, night and Sunday work, and health protection. Dornach is in the Canton of Solothurn, which does not have a general cantonal minimum wage. However, collective bargaining agreements and standard employment contracts can set binding minimums for specific industries or occupations, and federal rules fix minimum wages for domestic workers. Local enforcement is carried out by the Solothurn labour inspectorate and cantonal authorities, while employment disputes are handled through the conciliation authority and courts in the canton.

Why You May Need a Lawyer

You may benefit from legal advice if you are facing unpaid or underpaid wages or overtime, disputes over working time records, denial of breaks, night or Sunday work without proper authorization or premiums, misclassification as exempt or as an independent contractor, unclear treatment of travel time, on call duty or standby, questions about whether a collective bargaining agreement applies and what it provides, recovery of vacation pay or the 13th month salary, salary continuation during illness, accident, maternity or paternity leave, compensation on termination including bonuses and accrued time, statute of limitations and how to interrupt it, or retaliation for asserting wage rights. Employers may need counsel to set compliant schedules and time recording, implement home office policies, obtain night or Sunday work permits, apply collective agreements correctly, and resolve disputes efficiently.

Local Laws Overview

Working time limits. The Labour Act sets statutory maximum weekly working time of 45 hours for industrial workers and for office staff, technical employees and sales staff in large retail businesses, and 50 hours for most other employees. Not all senior managers are covered by these working time rules. Daily rest must normally be at least 11 consecutive hours, and weekly rest is at least 35 consecutive hours including a Sunday. Minimum breaks apply depending on the length of the workday.

Overtime and extra hours. Overtime under the Code of Obligations is time worked beyond the agreed or customary weekly hours up to the statutory maximum. It is typically compensated by paid time off of equal duration or, if not granted, by pay with a 25 percent premium unless a different valid agreement applies. Work that exceeds the statutory maximum under the Labour Act is considered extra hours. Extra hours are tightly limited and generally trigger enhanced compensation, with limited exceptions and possibilities for time off by agreement.

Night and Sunday work. Night work typically means work between 23:00 and 06:00. Sunday work and work on recognized public holidays require special authorization except in narrowly defined circumstances. Where permitted, supplements in pay and or compensatory time apply under the law and any applicable collective agreement.

Breaks and rest. Employees are entitled to minimum breaks during the day based on hours worked, and to daily and weekly rest periods. Breaks count as working time if the employee cannot freely leave the workplace.

Minimum wage. There is no general federal or Solothurn cantonal minimum wage. Binding minimum wages do exist in certain sectors through collective bargaining agreements, as well as in standard employment contracts for specific occupations such as domestic workers. Many cleaning, hospitality, construction and other trades in Switzerland are covered by generally binding collective agreements that set minimum rates.

Vacation and holidays. Employees are entitled to at least four weeks of paid vacation per year, and at least five weeks for employees under 20. Up to eight cantonal public holidays are treated similarly to Sundays in Solothurn. Unused vacation is generally compensated in cash only upon termination or when taking time off is impossible for objective reasons.

Pay rules. Wages are typically paid monthly. A 13th month salary is due only if agreed by contract or collective agreement, or if established by consistent practice. Lawful deductions include social insurance contributions and agreed items. Equal pay for equal work applies. Wage claims for periodic payments generally become time barred after five years.

Special protections and leaves. Salary continuation during illness is required for a limited period under scales developed by case law unless insurance provides equivalent or better coverage. Accident insurance covers part of the income during incapacity from accidents. Maternity leave is generally 14 weeks with income replacement via social insurance, and paternity leave is generally two weeks. Youths and pregnant employees benefit from enhanced working time protections.

Time recording and remote work. Employers must keep accurate records of employees working time, breaks and night or Sunday work. Simplified recording is possible only for certain employees with high autonomy under specific conditions. Working time rules apply to home office and remote work, with the employer responsible for compliance.

Dispute resolution and enforcement. The Solothurn labour inspectorate oversees compliance with working time and health protection. Employment disputes usually begin at the conciliation authority in employment matters. For employment claims up to 30,000 CHF, simplified procedures and cost reductions can apply.

Frequently Asked Questions

Is there a minimum wage in Dornach

There is no general minimum wage in Dornach or in the Canton of Solothurn. However, some sectors are covered by collective bargaining agreements with binding minimum wages, and federal rules impose minimum wages in standard employment contracts for domestic workers. Always check whether a collective agreement applies to your job.

How is overtime paid in Switzerland

Overtime beyond the agreed or customary weekly hours must be compensated with time off of equal duration or, if not granted, with pay including a 25 percent premium unless a different valid agreement applies. Work exceeding the statutory weekly maximum is considered extra hours and is more restricted and generally compensated with enhanced premiums, subject to limited exceptions.

What counts as working time

Working time generally includes the time during which you must be at your employer s disposal. Mandatory training, required travel between job sites, and on call duty when you must remain at or near the workplace can count. Commuting from home to the first job site usually does not. Breaks count as working time if you cannot leave your workplace freely.

Can my employer require night or Sunday work

Night and Sunday work are tightly regulated and usually require prior authorization, except for a limited set of activities. Where permitted, employees are entitled to legal supplements in pay and or compensatory time. Certain categories of employees, such as pregnant workers late in pregnancy, have additional protections.

What are my vacation rights and what happens when I leave

You are entitled to at least four weeks of paid vacation per year, and at least five weeks if you are under 20. During employment, vacation should be taken as time off. On termination, unused vacation that could not be taken is generally paid out.

I am paid a salary that is supposed to cover overtime. Is that valid

Contracts can validly include certain overtime within salary, particularly for higher level roles, but this does not automatically waive all rights. Extra hours beyond the statutory maximum are regulated by the Labour Act and generally still trigger compensation. The specific wording of your contract and any applicable collective agreement is critical.

How long do I have to claim unpaid wages or overtime

Claims for wages and similar periodic payments generally become time barred after five years. Other contractual claims may have a ten year period. It is prudent to assert and document claims promptly and to seek advice on steps that interrupt limitation periods.

Can I be dismissed for insisting on my wage rights

Dismissing an employee for asserting statutory rights can be abusive. While Switzerland allows termination with notice without cause, abusive dismissal can entitle you to compensation, and retaliation for protected activities can be unlawful. Seek advice quickly if you suspect retaliation.

Do time recording rules apply if I work from home

Yes. Employers must ensure compliant recording of working time, breaks, and night or Sunday work even for remote or home office work. Simplified recording is allowed only for certain employees with considerable autonomy and under strict conditions.

Where and how do I enforce my rights in Solothurn

For working time compliance issues, you can contact the Solothurn labour inspectorate. For wage claims and employment disputes, you normally file with the conciliation authority in employment matters in the canton. Many disputes settle at conciliation. If not, they can proceed to court under simplified procedures for smaller claims.

Additional Resources

State Secretariat for Economic Affairs SECO for guidance on working time, night and Sunday work, and collective bargaining agreements. Canton of Solothurn labour inspectorate Arbeitsinspektorat for permits and enforcement of working time and health protection. Conciliation authority in employment matters Schlichtungsbehörde in Arbeitsstreitigkeiten in Solothurn for initiating employment claims. Trade unions such as Unia, Syna, and Travail Suisse for sector specific advice and representation. Employer associations for guidance on compliance and collective agreements. Regional Job Center RAV and the Solothurn Department of Economy and Labour AWA for labour market services and information on insolvency compensation. Accident insurer SUVA or your company s accident insurer for accident related wage replacement. Social insurance offices Ausgleichskasse for maternity, paternity, and loss of earnings allowances.

Next Steps

Collect documents such as your employment contract, amendments, policies, time sheets, schedules, emails, pay slips, and any collective agreement you believe applies. Write to your employer promptly to clarify discrepancies in hours, premiums, or pay, and keep your request factual and dated. Verify whether a collective bargaining agreement or a standard employment contract applies in your sector or role, as this can determine minimum wages, supplements, and procedures. Calculate a preliminary claim using your recorded hours and the legal or contractual rates, including overtime and night or Sunday supplements where applicable. If working time compliance is at issue, contact the Solothurn labour inspectorate to inquire about permits, recording duties, or health protection requirements. Seek advice from a qualified employment lawyer familiar with Swiss and Solothurn practice, particularly for limitation periods, settlement options, and litigation strategy. If no resolution is reached, file a request with the conciliation authority in employment matters in Solothurn. Prepare for a possible settlement meeting and bring your evidence. For cross border or posted worker situations, ensure you address registration, applicable law, and any special wage floors.

This guide provides general information for Dornach and the Canton of Solothurn. For advice tailored to your situation, consult a qualified Swiss employment lawyer.