Best Wage & Hour Lawyers in Munchenstein

About Wage & Hour Law in Munchenstein, Switzerland

Wage and hour rules in Munchenstein are primarily set by Swiss federal law, supplemented by cantonal practice in Basel-Landschaft and by any applicable collective bargaining agreements. The two key federal statutes are the Swiss Code of Obligations, which governs employment contracts and pay, and the Federal Labour Act, which sets working time, rest, night and Sunday work, and health and safety standards. Employers must also respect any sectoral agreements that set higher standards. Because Munchenstein sits in the Basel regional labor market, cross-border commuting is common, yet Swiss labor standards generally apply to work performed in Switzerland regardless of an employee’s residence.

If you are unfamiliar with Swiss rules, it helps to distinguish between contractual pay rights under the Code of Obligations and mandatory working time protections under the Labour Act. Contract terms and company policies matter, but they cannot undercut mandatory protections.

Why You May Need a Lawyer

You may benefit from legal help when you have unpaid wages, overtime or bonus disputes, or if you suspect your employer is not complying with working time limits, break rules, or night and Sunday work premiums. A lawyer can also help if you are on a variable or trust-based schedule and your time was not recorded correctly, if you are asked to sign a waiver of overtime pay, or if you are covered by a collective bargaining agreement and need to enforce it.

Legal advice is also useful when your employer makes a significant change to your working hours or shift pattern, when you have been put on short-time work, when you work on call, at night, on Sundays, or from home, or when you are a cross-border commuter and need to understand which authority to contact and how to document your claim. If negotiations fail, an attorney can guide you through the conciliation authority in Basel-Landschaft and, if necessary, court proceedings within the applicable deadlines.

Local Laws Overview

Working hours and maximums. The Federal Labour Act generally caps weekly hours at 45 hours for industrial undertakings and for office, technical and other employees including sales staff in large retail businesses, and at 50 hours for most other employees. Daily limits, minimum rest, and Sunday rest also apply, subject to specific exceptions and permits.

Overtime and extra hours. Overtime under the Code of Obligations is time exceeding the hours agreed in your contract. Unless compensated by time off of equal duration, it is paid with a 25 percent premium, though written agreements may regulate how it is compensated. Extra hours under the Labour Act are hours beyond the statutory weekly maximum. Extra hours must be compensated with a 25 percent premium. For office, technical and other employees with a 45 hour cap, the 25 percent premium applies to extra hours beyond 60 per calendar year, while the first 60 may be compensated at the normal rate or with time off. For employees with a 50 hour cap, the 25 percent premium applies from the first extra hour. Mandatory protections under the Labour Act cannot be waived.

Night and Sunday work. Night work typically runs from 23:00 to 06:00. Temporary night work is usually owed a 25 percent wage supplement. Permanent night work generally grants a 10 percent time credit and requires health protections. Sunday work requires prior authorization in most cases and compensatory rest. Temporary Sunday work generally entitles the employee to a 50 percent wage supplement. Details depend on the type and duration of authorization and the sector.

Breaks and rest. Minimum unpaid breaks are 15 minutes for shifts over 5.5 hours, 30 minutes for shifts over 7 hours, and 60 minutes for shifts over 9 hours. Breaks count as paid time if the worker must remain at the workplace and cannot dispose of the time freely. Daily rest of at least 11 consecutive hours and weekly rest apply, with limited exceptions.

Working time recording. Employers must keep reliable records of hours worked, including overtime and breaks. Simplified or trust-based time recording is allowed only if strict conditions are met, typically through a collective agreement and a written opt-in by eligible employees with high autonomy.

Minimum wage. There is no federal minimum wage. Basel-Landschaft does not have a general cantonal minimum wage. However, many sectors have collective agreements that set binding minimum rates. Posted workers and certain industries may be subject to declared generally binding minimums. Always check whether a collective agreement applies to your role.

Public holidays and vacation. The Code of Obligations grants at least 4 weeks of paid vacation per year, or 5 weeks for employees under 20. Public holidays are decided by the canton. August 1 is a federal public holiday. Pay on public holidays depends on your pay arrangement and any collective agreement. Unused vacation is not normally paid out except on termination.

Bonuses and 13th salary. A 13th month salary is mandatory only if agreed contractually or established by consistent company practice. Discretionary bonuses must be clearly identified as such, and even discretionary schemes can become due by long practice. Clauses conditioning variable pay on employment status at year end must respect good faith and any collective or contractual rules.

On-call and travel time. On-call time counts as working time if you must remain at or near the workplace or otherwise cannot freely use the time. Pure stand-by with full freedom may be credited partially or not at all depending on constraints. Ordinary commuting is not working time. Business travel ordered by the employer is working time, although travel outside normal hours can raise overtime or extra hours issues.

Wage deductions. Deductions require a legal basis or clear written consent and must respect protected minimum subsistence thresholds. Uniforms, tools, or cash shortfalls cannot be deducted arbitrarily. Board and lodging deductions must follow cantonal scales if applicable.

Illness, accident and leaves. Under the Code of Obligations, after a probationary period the employer must continue paying salary for a limited period during sickness if there is no daily sickness insurance arrangement, with the exact duration based on years of service under recognized scales. Maternity, paternity and care leaves are paid through statutory allowance schemes. These topics intersect with wage claims when pay is reduced or denied.

Enforcement and fora. The Cantonal Labour Inspectorate in Basel-Landschaft supervises compliance with working time, night and Sunday work, and health and safety. Unpaid wage and overtime claims are pursued through the conciliation authority for employment matters in Basel-Landschaft and then the competent court if needed. Many disputes settle at conciliation.

Time limits. Most claims for wages, overtime, vacation pay, and similar periodic pay prescribe after 5 years. Some employment claims have shorter procedural deadlines, for example contesting wrongful termination must be notified promptly and brought within 180 days. Do not delay seeking advice.

Frequently Asked Questions

Is there a minimum wage in Munchenstein

There is no general federal minimum wage and Basel-Landschaft does not have a general cantonal minimum wage. However, many sectors have collective agreements with binding minimum pay, and posted workers in certain industries are subject to minimum rates. Always check whether a collective agreement applies to your job.

How many hours can my employer ask me to work per week

Most office, technical and similar employees are subject to a 45 hour weekly maximum, while many other employees have a 50 hour maximum. Your contractual working time can be lower. Work beyond your contract can be overtime, and work beyond the legal maximum is extra hours subject to strict rules and premiums.

Do I have to be paid for overtime

Yes. Overtime beyond your contractual hours is generally compensated with time off of equal duration or paid at your normal wage plus a 25 percent premium, unless lawfully agreed otherwise in writing. Extra hours beyond the legal weekly maximum must be compensated with at least a 25 percent premium, with limited exceptions for the first 60 extra hours per year for some categories. Labour Act protections cannot be waived.

What premiums apply for night or Sunday work

Temporary night work usually triggers a 25 percent wage supplement. Permanent night work typically grants a 10 percent time credit and health protections. Sunday work requires prior authorization and compensatory rest, and temporary Sunday work generally carries a 50 percent wage supplement. Your sector’s agreement may set higher premiums.

Are breaks mandatory and are they paid

Breaks are mandatory once daily working time exceeds 5.5 hours. Minimums are 15 minutes for over 5.5 hours, 30 minutes for over 7 hours, and 60 minutes for over 9 hours. Breaks are unpaid unless you must remain at your workstation or as otherwise agreed or set by a collective agreement.

Does business travel time count as working time

Yes, travel ordered by the employer for business purposes counts as working time, although ordinary commuting does not. Travel outside normal hours can trigger overtime or extra hours issues depending on your contract and category. Keep accurate records of travel time and related instructions.

What if my employer does not record my working time

Employers must keep reliable records of hours worked, overtime and breaks. If recording is missing, incomplete, or incorrect, you can request access to your records, provide your own evidence such as calendars and emails, and raise the issue internally. Persistent noncompliance can be reported to the cantonal labour inspectorate, and pay claims can be pursued through the conciliation authority and court.

Can my employer cut my hours or change my shift

Limited operational adjustments are permitted, but significant and lasting changes to working hours or shift systems generally require agreement or a contract amendment with proper notice. If a major change is imposed unilaterally, it may be treated as a termination with altered terms. Seek advice before accepting or refusing changes.

How long do I have to claim unpaid wages or overtime

Most wage and overtime claims prescribe after 5 years. Some procedural steps have shorter deadlines, such as contesting a termination or asserting claims tied to the end of employment. To protect your rights, assert claims in writing promptly and consider initiating conciliation without delay.

What should I do first if I am underpaid or denied a premium

Gather documents such as your contract, policies, collective agreement, timesheets, schedules, and payslips. Calculate what you believe is owed. Raise the issue in writing with your employer. If that fails, contact the Basel-Landschaft conciliation authority for employment matters or consult a lawyer or your union. For working time violations, you can also inform the cantonal labour inspectorate.

Additional Resources

State Secretariat for Economic Affairs SECO Labour Directorate for federal guidance on working time, night and Sunday work, and enforcement practice.

Cantonal Labour Inspectorate Basel-Landschaft for supervision of working time, night and Sunday work, permits, and inspections.

Conciliation Authority for Employment Matters Basel-Landschaft for mandatory pre-court mediation of wage and hour disputes.

Unia and Syna trade unions for worker advice, collective agreement information, and representation.

Basel-Landschaft Employer and Industry Associations for sector standards and guidance for employers and HR.

Professional associations and joint bodies in your sector such as hospitality, cleaning, construction, logistics, or retail to check sectoral minimums and premium rules.

Next Steps

Document your situation. Collect your employment contract, amendments, staff handbook, collective agreement if applicable, timesheets, schedules, emails or messages assigning work, and payslips. Write down your daily and weekly hours, including breaks, travel, on-call time, and any night or Sunday work, and note dates and amounts you believe are unpaid.

Raise the issue internally. Send a concise written demand to HR or your manager, stating what is owed, for which periods, and the legal basis such as overtime premium or night or Sunday supplements. Offer proposed dates for compensatory time off if appropriate.

Seek advice early. Consult a lawyer experienced in Swiss wage and hour law in the Basel region or contact your union. Early advice helps you avoid missed deadlines and common pitfalls such as waiving rights inadvertently.

Engage the authorities where appropriate. For working time violations, contact the Basel-Landschaft labour inspectorate. For unpaid wage claims, file with the Conciliation Authority for Employment Matters, which is a required step before court in most cases. Many disputes resolve at conciliation quickly and at low cost.

Protect deadlines. Most wage claims prescribe after 5 years, but some actions related to termination or bonus entitlement require faster steps. If in doubt, file for conciliation to interrupt prescription while you negotiate.

Consider settlement. Many employers in Munchenstein operate under sectoral agreements and established practices. A pragmatic settlement that honors legal premiums and provides clear scheduling rules going forward often saves time and cost for both sides.

If you need tailored guidance, consult a local lawyer who can review your documents, quantify your claim, contact your employer, and represent you before the conciliation authority and, if necessary, the court in Basel-Landschaft.