Best Wage & Hour Lawyers in Dornach

About Wage & Hour Law in Dornach, Switzerland

Dornach is in the canton of Solothurn, so wage and hour matters are governed primarily by Swiss federal law, complemented by cantonal practice and any applicable collective bargaining agreements. The key federal statutes are the Swiss Code of Obligations for employment contracts and pay, and the Federal Labour Act with its ordinances for working time, rest, night and Sunday work, and health protection. Unlike some Swiss cantons, Solothurn does not currently have a general statutory minimum wage. However, sector specific collective agreements or standard employment contracts may set binding minimums. Local oversight of working time and workplace health and safety is handled by the Solothurn cantonal labour inspectorate.

Why You May Need a Lawyer

You may benefit from legal advice in several common situations:

- You suspect unpaid wages, unpaid overtime, or illegal wage deductions.- Your employer does not keep accurate working time records or denies access to them.- You work nights or Sundays and are unsure about authorization requirements or supplements and time off compensation.- You are covered by a collective bargaining agreement and need help interpreting minimum wages, supplements, or time recording rules.- Disputes about vacation, public holiday pay, or whether travel time and on call time count as work.- You are a manager or salaried professional and your employer claims you are exempt from working time rules, and you want to verify if that is correct.- You face retaliation or termination after asserting wage rights, or you want to negotiate a separation agreement that addresses unpaid pay or bonuses.- You need to pursue a claim before the conciliation authority or labour court in the canton of Solothurn.- You are an employer seeking compliant policies on time recording, breaks, night or Sunday work, and expense reimbursement.

Local Laws Overview

- Sources of law - Swiss Code of Obligations governs contracts, wages, vacation, and salary continuation. Federal Labour Act and ordinances govern maximum working hours, breaks, rest, and night and Sunday work. Collective bargaining agreements and standard employment contracts may add sector rules. Cantonal authorities enforce working time and health protection. Proceedings are handled under the Swiss Civil Procedure Code with a mandatory conciliation step in most employment disputes.

- Maximum weekly working time - 45 hours for employees in industrial enterprises, office staff, technical and other employees, and sales staff in large retail businesses. 50 hours for most other covered employees. Contractual working time can be lower.

- Overtime and excess hours - Hours above the contractual weekly time are overtime under the Code of Obligations. Unless validly agreed otherwise, overtime must be compensated with a 25 percent wage premium or equivalent paid time off with the employee’s consent. Hours above the statutory weekly maximum are excess hours under the Labour Act and generally must be compensated with at least a 25 percent wage supplement or granted as paid time off, subject to annual caps and specific exceptions in the ordinances.

- Daily limits, breaks, and rest - Employers must respect daily rest of at least 11 consecutive hours, which may be reduced to 8 hours once per week if compensated. Presence at work including breaks may not exceed 14 hours per day. Minimum breaks: 15 minutes if daily work exceeds 5.5 hours, 30 minutes if it exceeds 7 hours, and 60 minutes if it exceeds 9 hours. Breaks count as working time if the employee cannot leave the workplace.

- Night and Sunday work - Night work between 23:00 and 06:00 usually requires authorization. Temporary night work is normally compensated with a 25 percent wage supplement. Regular or permanent night work typically provides 10 percent paid time off and health protection measures. Sunday work is generally prohibited without authorization. Temporary Sunday work is typically compensated with a 50 percent wage supplement plus compensatory rest. Permanent Sunday work requires special authorization and compensatory rest.

- Time recording - Employers must keep accurate records of actual daily and weekly working time, including breaks and night or Sunday work. Simplified or waived recording is possible only under strict conditions for employees with significant autonomy and based on a valid agreement, and often within the framework of a collective agreement.

- Minimum wage and pay practices - No general statutory minimum wage applies in the canton of Solothurn. Certain sectors may have binding minimums under collective agreements or standard employment contracts. Wages are usually paid monthly at the end of the month. A 13th month salary is due only if agreed by contract, policy, or collective agreement. Equal pay for equal work is required under Swiss anti discrimination law.

- Vacation and public holidays - Minimum vacation is 4 weeks per year for adults and 5 weeks for employees under 20. Vacation generally cannot be replaced by cash while employment continues, except in limited circumstances. Only Swiss National Day on 1 August is a federal paid public holiday. Other public holidays are set by the canton and treated like Sundays for work prohibition. Pay for those holidays depends on the employment contract, collective agreement, or established practice.

- Protection for specific groups - Young workers, pregnant employees, and nursing mothers have special protections affecting working time and night or Sunday work. Pregnant employees cannot work during the first 8 weeks after childbirth and have restrictions on dangerous or strenuous work. Maternity leave is generally 14 weeks with income replacement from social insurance. Paternity leave is generally 2 weeks with income replacement.

- Illness and salary continuation - After probation, employers must continue salary for a limited time in case of illness or accident in line with the Code of Obligations scales, unless an equivalent daily sickness insurance is provided. Details depend on length of service and cantonal practice.

- Expense reimbursement and deductions - Employers must reimburse necessary business expenses. Wage deductions are allowed only if lawful and agreed or ordered, such as social insurance contributions or court ordered garnishments. Unilateral punitive deductions are not permitted.

- Dispute resolution - In Solothurn, most employment disputes begin at the conciliation authority for employment matters. Claims up to CHF 30,000 benefit from simplified procedure and are typically free of court fees in first instance. Strict filing deadlines may apply if a collective agreement or contract contains forfeiture clauses.

Frequently Asked Questions

Is there a minimum wage in Dornach or the canton of Solothurn

There is no general cantonal minimum wage in Solothurn. Your wage floor may instead come from a sectoral collective bargaining agreement or a standard employment contract. Domestic workers and some trades may have specific minimums. Always check whether a collective agreement applies to your workplace.

What is the legal maximum for weekly working hours

The federal maximum is 45 hours for many office and retail staff and for industrial enterprises, and 50 hours for most other covered employees. Your contract may set a lower normal weekly schedule. Hours above contract are overtime. Hours above the legal maximum are excess hours with stricter rules.

How is overtime compensated

Overtime under the Code of Obligations is generally paid with a 25 percent premium or compensated by paid time off of the same duration if you agree. A written agreement can limit or waive the overtime premium, but not in a way that violates mandatory rules for excess hours under the Labour Act. Excess hours above the statutory maximum usually must be compensated with at least a 25 percent premium or paid time off, subject to limited exceptions in the ordinances.

Do I have to record my working time

Yes, employers must ensure that working time is recorded. You may be under simplified recording or a waiver only if strict legal conditions are met, typically for highly autonomous employees with a specific written agreement, often within a collective agreement framework. If you are unsure, ask for your employer’s time recording policy and your records.

Are breaks paid

Breaks are mandatory once daily working time exceeds 5.5 hours. Breaks count as paid working time if you cannot leave your workstation or if you must remain available. If you are free to leave and are not on call, breaks are usually unpaid.

What rules apply to night and Sunday work

Night work between 23:00 and 06:00 and Sunday work usually require prior authorization. Temporary night work typically attracts a 25 percent wage supplement. Regular night work generally grants 10 percent paid time off and health surveillance. Temporary Sunday work usually attracts a 50 percent supplement plus compensatory rest. Authorization and exceptions depend on the sector and planning.

Am I entitled to a 13th month salary or bonuses

A 13th month salary is not automatic. It is due only if agreed in your contract, a collective agreement, or established company practice. Performance bonuses are governed by your agreement and whether they are discretionary or contractual. Special rules may apply to pro rata payments on hiring and termination.

How does vacation and public holiday pay work in Solothurn

You are entitled to at least 4 weeks of paid vacation per year, 5 weeks if under 20. Vacation generally must be taken in time off and not paid out while employment continues. 1 August is a paid federal holiday if it falls on a scheduled workday. Other Solothurn public holidays count as Sundays for work prohibition, but pay for those days depends on your contract or collective agreement.

What can I do if my employer withholds wages or makes illegal deductions

Notify your employer in writing, request full payslips and time records, and set a short deadline for payment. If unresolved, you can initiate conciliation proceedings in the canton of Solothurn and, if necessary, sue in the labour court. You may also start debt enforcement for undisputed wage claims. Keep all documents such as contracts, schedules, and correspondence.

How long do I have to bring wage claims

Most wage related claims are subject to a 5 year statute of limitations under the Code of Obligations. However, contracts and collective agreements often contain short forfeiture clauses requiring you to assert claims within a few months. Do not delay. Ask a lawyer to review any deadlines in your documents.

Additional Resources

- State Secretariat for Economic Affairs SECO - publishes guidance on working time, night and Sunday work, and time recording under the Federal Labour Act.- Canton of Solothurn Labour Inspectorate - supervises working time, night and Sunday work authorizations, and occupational health protection.- Canton of Solothurn Conciliation Authority for Employment Disputes - first stop for most employment claims before court proceedings.- Employer and employee associations - sector unions such as Unia or Syna and employer federations provide guidance on collective agreements and sector minimums.- Legal advice centres and bar associations in Solothurn - offer initial consultations and referrals to employment law specialists.- Debt enforcement offices Betreibungsamt - can assist with enforcing undisputed wage claims.

Next Steps

- Gather documents - employment contract and amendments, staff handbook, collective agreement if any, payslips, time sheets, schedules, emails, and authorizations for night or Sunday work.- Write a timeline - list your hours worked, any unpaid periods, and when you raised concerns. Note dates to assess limitation or forfeiture deadlines.- Ask for records - request your time records and payslips if you do not have them. Employers must provide them.- Seek advice early - consult a lawyer experienced in Swiss employment law in the canton of Solothurn to evaluate your rights, potential claims, and strategy.- Consider conciliation - many disputes start with the Solothurn conciliation authority. A lawyer can draft the request and represent you. Claims up to CHF 30,000 benefit from simplified procedure and typically no first instance court fees.- Preserve your position - continue to perform your duties unless instructed otherwise, avoid resigning before obtaining advice, and keep communications professional.- For employers - review time recording, break policies, night and Sunday work authorizations, and payroll practices to ensure compliance. Train supervisors and audit regularly.