Best Wage & Hour Lawyers in Muttenz

About Wage & Hour Law in Muttenz, Switzerland

Wage and hour rules in Muttenz are governed primarily by Swiss federal law, especially the Swiss Code of Obligations for pay and the Federal Labour Act for working time, rest, and health protection. Cantonal authorities in Basel-Landschaft enforce and supervise many practical aspects, such as permits for night and Sunday work and workplace inspections. Collective bargaining agreements can also set binding standards in specific industries. As of today, Basel-Landschaft does not have a general cantonal minimum wage. Sectoral minimums may apply if a collective agreement has been declared generally binding or if a standard employment contract with minimum wages exists for a given occupation. In practice, your rights will depend on a mix of federal rules, any applicable collective agreement, and the terms of your individual employment contract.

Why You May Need a Lawyer

You may benefit from legal help if you are not being paid correctly, if your employer is not recording or respecting working time, or if you believe overtime, night, or Sunday supplements have been wrongly withheld. Lawyers are also helpful when negotiating or reviewing contracts that include trust-based working time or all-in salary clauses, when reconciling time records and on-call or travel time, and when dealing with disputes about breaks, rest periods, or schedule changes. If you face retaliation for asserting wage rights, have been dismissed while claiming unpaid wages, or need to navigate conciliation and court procedures, professional advice can protect your position. Employers in Muttenz likewise consult counsel to design compliant time-recording systems, obtain permits for night or Sunday work, audit wage practices, or defend against claims.

Local Laws Overview

Working time limits are set by the Federal Labour Act. The statutory weekly maximum is typically 45 hours for employees in industrial enterprises and for office staff, technical staff, and retail sales staff in larger operations, and 50 hours for most other employees. Employers must keep suitable records of hours worked unless a valid simplified or trust-based time regime applies under strict conditions. Daily rest is generally at least 11 consecutive hours, and employees are entitled to weekly rest that includes Sunday.

Breaks must be granted based on the length of the workday. If daily working time is at least 5.5 hours the minimum break is 15 minutes, at least 7 hours it is 30 minutes, and at least 9 hours it is 60 minutes. Breaks count as working time only if the employee cannot freely leave the workplace. Night work typically between 23:00 and 06:00 and Sunday work generally between Saturday 23:00 and Sunday 23:00 require authorization and special compensation. Temporary night work usually triggers a 25 percent wage supplement, while permanent night work is compensated mainly with paid time off. Sunday work often requires a 50 percent supplement if temporary, with time off rules applying as well. Official public holidays recognized by Basel-Landschaft are treated like Sundays.

Overtime has two layers in Swiss law. Overtime beyond the contractual schedule but within the statutory weekly maximum is usually compensated with a 25 percent supplement or equivalent time off, subject to what is validly agreed in writing. Work that exceeds the statutory maximum is extra time that normally must be compensated at least with a 25 percent supplement or time off, with specific exceptions in the law. Clear, contemporaneous time records are often decisive in any dispute.

Pay and payroll practices are governed by the Code of Obligations. There is no general Swiss federal minimum wage. Minimum wages can apply via collective agreements or standard employment contracts in certain sectors. Employers must pay wages when due, provide an itemized payslip upon request, and make only lawful deductions such as social insurance. A 13th month salary is due only if agreed or customary. Equal pay for equal work is a legal requirement. Wage claims usually become time-barred after five years.

Leave and allowances include at least four weeks of paid vacation per year for adults and at least five weeks up to the age of 20. Maternity leave is generally 14 weeks with income replacement via social insurance, and paternity leave is two weeks. Adoption leave rules exist for the adoption of a young child. Sick pay is owed after probation either directly by the employer for a limited statutory period under recognized scales or via insured daily sickness benefits if such insurance has been agreed and paid.

Special categories include apprentices subject to vocational training rules, posted workers covered by sectoral minimums and controls, and young workers with stricter hour limits. In workplaces with at least 50 employees, the Participation Act provides for employee representation on certain matters. Enforcement is shared: the Basel-Landschaft labour inspectorate oversees working time and health protection, tripartite or parity commissions monitor compliance with minimum wages in binding agreements, and civil courts adjudicate wage disputes and damages.

Frequently Asked Questions

Is there a minimum wage in Muttenz

There is no general cantonal minimum wage in Basel-Landschaft. However, minimum wages can apply if a collective bargaining agreement has been declared generally binding for your sector or if a standard employment contract with mandatory minimums applies. Hospitality, construction, cleaning, and security are examples of sectors that often have binding wage floors. Check your contract and any applicable collective agreement.

What is the legal maximum of weekly working hours

The statutory maximum is usually 45 hours per week for employees in industry and for office, technical, and retail sales staff in larger businesses, and 50 hours per week for most other employees. Contractual schedules can be lower. Hours beyond the statutory maximum trigger special extra time rules and compensation.

How is overtime compensated

Overtime beyond your contractual hours but within the statutory maximum is typically compensated by a 25 percent wage supplement or by equivalent paid time off. A written agreement can validly provide for different treatment of this overtime. Work beyond the statutory maximum generally must be compensated with at least a 25 percent supplement or time off, subject to legal exceptions.

Do I get paid more for night or Sunday work

Night and Sunday work usually require prior authorization and special compensation. Temporary night work typically includes a 25 percent wage supplement. Sunday work often requires a 50 percent supplement when temporary, with compensatory rest also due. Permanent night work is compensated mainly through paid time off credits. Check permits and your contract or collective agreement for specifics.

Are breaks mandatory and are they paid

Yes, minimum breaks are mandatory when daily working time reaches certain thresholds. At least 15 minutes for 5.5 hours, 30 minutes for 7 hours, and 60 minutes for 9 hours. Breaks count as paid working time only if you are not free to leave your workstation or premises during the break.

Does travel time count as working time

Ordinary commuting from home to your normal workplace is not working time. Travel that is necessary during the workday, such as trips between customer sites, generally counts as working time. Travel for assignments away from the normal workplace may count in whole or in part depending on the circumstances and the contract or collective agreement.

Can my employer use trust-based working time without recording hours

Trust-based or simplified time recording is allowed only under strict legal conditions, often requiring a certain level of autonomy, a specific salary threshold, and a written agreement or collective agreement basis. Without meeting those conditions, employers must keep reliable time records. Even with trust-based time, limits on working time, rest, and health protection still apply.

What should I do if I am not being paid correctly in Muttenz

Collect your employment contract, payslips, and detailed time records. Raise the issue in writing with your employer and request correction. If unresolved, contact the cantonal conciliation authority for employment disputes or seek legal advice. Unpaid wage claims generally have a five-year limitation period, but it is better to act promptly.

Are public holidays in Basel-Landschaft treated like Sundays

Yes. The Swiss National Day and additional official public holidays designated by Basel-Landschaft are treated similarly to Sundays for working time purposes. Work on those days is restricted and usually requires authorization and compensation. Your contract or collective agreement may also regulate holiday pay.

Can I be dismissed for asserting wage and hour rights

Dismissals in Switzerland are relatively flexible, but they cannot be abusive. Terminating because you in good faith asserted statutory wage or time rights may be considered abusive and can lead to compensation. Strict deadlines apply to contest abusive termination, including a written objection before the notice period ends and filing a claim within a short statutory window. Seek advice quickly if this arises.

Additional Resources

Basel-Landschaft Labour Inspectorate - the cantonal authority that supervises working time, night and Sunday work permits, health protection, and inspections.

Cantonal conciliation authority for employment disputes in Basel-Landschaft - the first instance for mandatory conciliation before most court cases in employment matters.

State Secretariat for Economic Affairs SECO - federal guidance on labour law, working time, and collective agreements.

Tripartite and parity commissions - bodies that monitor compliance with minimum wages and conditions in generally binding collective agreements and standard employment contracts.

Unia and Syna trade unions - worker organizations that provide advice and representation in many sectors.

Employers associations in the Basel region - advisory bodies for businesses on compliance and best practices.

Consumer and legal advice centers in Basel-Landschaft - general legal information and referrals for residents.

Next Steps

First, write down your concerns clearly, such as unpaid hours, missing supplements, or excessive scheduling. Second, gather evidence including your employment contract, any applicable collective agreement, time sheets, rosters, emails, and payslips. Third, raise the issue internally in writing, propose a correction, and set a reasonable deadline for a response. Fourth, contact the Basel-Landschaft labour inspectorate for questions about permits, rest periods, or working time compliance, and consider the cantonal conciliation authority if a wage dispute persists. Fifth, consult a lawyer experienced in Swiss wage and hour law to assess your position, quantify your claim, and respect deadlines, including the five-year limitation on wage claims and shorter deadlines for contesting dismissals. Finally, decide with counsel whether to seek a negotiated settlement, proceed to conciliation, or file a court claim, while continuing to keep accurate time and communication records.