Best Wage & Hour Lawyers in Muttenz

About Wage & Hour Law in Muttenz, Switzerland

Muttenz is in the canton of Basel-Landschaft, so wage and hour issues are primarily governed by Swiss federal law, complemented by cantonal practice and any applicable collective bargaining agreements. The two core federal statutes are the Swiss Code of Obligations, which regulates employment contracts and overtime, and the Federal Labour Act, which sets protective rules on working time, rest, night and Sunday work, health protection, and time recording. Because Muttenz lies in a border region, cross-border and posted worker rules may also be relevant. Understanding which law applies to your job and whether you are covered by a collective agreement is the starting point for any wage and hour question.

Why You May Need a Lawyer

You may need a lawyer if you have unpaid wages, unpaid overtime or extra hours, or if your employer is not granting required breaks, daily or weekly rest. Disputes often arise about whether time is working time or merely on-call, how to compensate night, Sunday or holiday work, and whether an all-in salary validly includes overtime. Cross-border workers and posted workers may face questions about minimum conditions, allowances, and enforcement in Switzerland.

Legal help is useful if you are pressured to sign away wage claims, if there are unlawful deductions or clawbacks at termination, or if a negative time bank is offset against your final salary. Employees in senior or autonomous roles sometimes face misclassification issues that affect time recording and compensation. A lawyer can also assist with conciliation proceedings in Basel-Landschaft, court filings, evidence strategy, and settlement negotiations.

Local Laws Overview

Coverage and sources. Most employees in Muttenz are covered by the Federal Labour Act for working time protections and by the Code of Obligations for wage and contract issues. Certain groups are partially exempt from the Labour Act, including some senior managers with broad decision powers and some specific sectors. Collective bargaining agreements may set higher standards and can be declared generally binding for specific industries. Always check if a sectoral agreement applies to your job.

Working time limits. The standard statutory weekly maximum is 45 hours for industrial workers, office staff, technical staff, and sales staff in large retail companies, and 50 hours for most other employees. Employers must record working time. Simplified time recording is possible only for certain autonomous employees by written agreement.

Overtime and extra hours. The Code of Obligations regulates overtime that exceeds contractual hours. Overtime is usually compensated with time off of equal duration, or with a salary plus a 25 percent premium if time off is not granted and unless a different arrangement is validly agreed. Hours that exceed the statutory weekly maximum under the Labour Act are extra hours. Extra hours generally attract stricter compensation rules, including a statutory premium in many cases. Exact compensation depends on your category and any applicable agreement.

Night, Sunday, and holiday work. Night work typically means work between 23:00 and 06:00. Temporary night work usually requires a 25 percent premium or compensatory time. Permanent night work entails special time compensation rules. Sunday work, typically between Saturday 23:00 and Sunday 23:00, requires a permit and compensation. Temporary Sunday work usually triggers a significant premium, while permanent Sunday work follows different rules combined with compensatory rest. Basel-Landschaft recognizes several public holidays that are treated like Sundays for work prohibition purposes.

Breaks and rest. If daily working time exceeds 5.5 hours, you are entitled to at least a 15 minute break. Over 7 hours, at least 30 minutes. Over 9 hours, at least 60 minutes. Breaks count as paid working time only if you cannot leave your workstation. Minimum rest is 11 consecutive hours in every 24 hour period and at least 35 consecutive hours per week including Sunday.

Pay and payslips. Wages are typically paid monthly with a clear statement of gross salary, supplements, deductions, and time balances. There is no federal minimum wage. Some cantons have introduced a minimum wage through cantonal law. As of the latest public information, Basel-Landschaft does not have a general cantonal minimum wage, but binding collective agreements in certain sectors may set wage floors. Muttenz employees should verify if a collective agreement applies to their role.

Bonuses, allowances, and all-in salaries. Payments that are regular and tied to work performance are often treated as wages. Genuine discretionary gratuities are treated differently. All-in salaries that purport to cover overtime are lawful only under narrow conditions and must be transparent and proportionate. Night, Sunday, and on-call supplements may not be waived if statutory law requires them.

On-call and travel time. On-call time counts as working time if the restrictions substantially limit your freedom. If you must be able to reach the workplace within a short time, a large portion or all of that period may count as working time. Necessary travel for business during normal working time generally counts as working time. Commuting from home to the usual workplace does not.

Young workers and apprentices. Special protections apply to young workers and apprentices, including stricter limits on night and Sunday work. Employers must follow training plans and pay agreed apprentice wages.

Equal pay and protection. Equal pay for equal work regardless of gender is guaranteed by federal law. Retaliation for raising wage claims or equal pay concerns can be unlawful. Pregnant employees and new mothers have special working time protections and paid maternity leave through the earnings compensation scheme.

Enforcement and procedure. The cantonal labour inspectorate in Basel-Landschaft supervises compliance with the Labour Act, including permits for night and Sunday work and time recording. Wage claims are civil claims brought before the conciliation authority in employment matters in Basel-Landschaft and, if necessary, the competent civil court. In many employment disputes up to a statutory value threshold, court fees are reduced or waived and the procedure is simplified. Most wage claims and overtime claims are subject to a five year limitation period.

Frequently Asked Questions

What is the normal maximum weekly working time in Muttenz

Under Swiss federal law, the maximum is generally 45 hours per week for industrial workers, office and technical staff, and sales staff in large retail companies, and 50 hours for most other employees. Contractual working time is often lower, such as 40 to 42 hours, depending on your employer or collective agreement.

How is overtime compensated

Overtime beyond your contractual hours is usually compensated with time off of equal duration. If time off is not granted within a reasonable period, the default rule is pay at the normal rate plus a 25 percent premium, unless a valid agreement or collective agreement provides otherwise. Hours that exceed the statutory weekly maximum are extra hours and are subject to stricter compensation rules that often include a statutory premium.

Do I get paid more for night or Sunday work

Yes, in many cases. Temporary night work typically requires a 25 percent wage premium or compensatory time. Permanent night work follows special time compensation rules. Sunday work requires a permit and compensation. Temporary Sunday work often requires a significant wage premium plus compensatory rest. The exact premium and form of compensation depend on your situation, permits, and any applicable agreement.

Are breaks paid

Breaks are mandatory above certain daily durations, but they are only paid if you cannot leave your workstation or as provided by your contract or collective agreement. Otherwise, breaks are unpaid but must still be granted.

My employer says my salary is all-in and covers overtime. Is that valid

An all-in salary is valid only under narrow conditions. It must transparently specify what portion covers overtime or supplements, be proportionate to the expected overtime, and cannot waive mandatory premiums where the law requires them. Courts scrutinize unclear all-in clauses and may award additional pay if the arrangement is not clear or fair.

Does Basel-Landschaft have a minimum wage

Switzerland has no federal minimum wage. Some cantons have adopted one. As of the latest public information, Basel-Landschaft does not have a general cantonal minimum wage. However, collective bargaining agreements in specific sectors can set binding minima that apply in Muttenz. Always check if your job is covered by such an agreement.

Is on-call time considered working time

It depends on how restricted you are. If you are free to use your time and only need to be reachable, much of it may be off duty. If you must respond within a short time or remain close to the workplace, on-call time is often treated as working time in whole or in part and should be compensated accordingly.

Do I have to record my working time

Yes, employers must ensure accurate recording of working time, including overtime and breaks, unless you are in a category that qualifies for simplified recording by written agreement due to high autonomy. If you are asked not to record time, that is a red flag and should be raised.

What can I do if my wages or overtime are unpaid

Raise the issue in writing with your employer, provide your time records and payslips, and set a clear deadline for payment. You can seek help from the labour inspectorate for working time compliance issues. If payment is still not made, file a request with the conciliation authority in employment matters in Basel-Landschaft. If your employer is insolvent, you may qualify for insolvency compensation for recent unpaid wages through the unemployment insurance system.

How long do I have to bring a wage claim

Most wage related claims, including overtime, are subject to a five year limitation period. Some related claims may have different deadlines. It is advisable to act quickly, gather evidence, and seek legal advice to avoid missing time limits.

Additional Resources

Basel-Landschaft Labour Inspectorate at the cantonal Office for Industry, Trade and Labour KIGA for working time permits, inspections, and guidance.

Conciliation authority in employment matters in Basel-Landschaft for the mandatory first step in many wage disputes.

State Secretariat for Economic Affairs SECO for federal guidance on the Labour Act and collective agreements.

Tripartite Commission against wage and social dumping in Basel-Landschaft for sector monitoring and enforcement in posted worker and low wage sectors.

Trade unions such as Unia Region Northwestern Switzerland for advice and representation in wage and hour matters.

Employer and industry associations in Northwestern Switzerland for sector specific collective agreement information.

Basel-Landschaft equality office for support with equal pay questions.

Regional legal advice centers and employee advisory services for low cost initial consultations on wage claims.

Next Steps

Collect your documents. Gather your employment contract, any amendments, staff regulations, collective agreement references, payslips, time records, schedules, emails, and any written directives on hours or availability.

Write down the facts. Prepare a simple timeline and calculate what you believe you are owed, separating overtime, extra hours, night or Sunday supplements, allowances, and any unlawful deductions.

Raise the issue internally. Send a polite written request to your employer or HR with your calculations and a proposed resolution. Keep copies of everything.

Contact the labour inspectorate if needed. For issues about working time limits, night and Sunday permits, or time recording, the inspectorate can provide guidance and may intervene on compliance questions.

Seek legal advice early. A lawyer experienced in Swiss wage and hour law in Basel-Landschaft can assess your claims, check any applicable collective agreement, and advise on strategy, evidence, and settlement options.

Use conciliation. If your claim is not resolved, file with the conciliation authority in employment matters in Basel-Landschaft. Many cases settle there quickly and at low cost. If necessary, proceed to court within the required deadlines.

Protect your rights. Do not sign waivers or termination agreements that affect wage claims without legal review. Keep asserting your rights in writing and watch the five year limitation period for wage claims.

This guide is general information for Muttenz and Basel-Landschaft. Specific facts, contracts, and collective agreements can change the outcome. For a tailored assessment, consult a qualified Swiss employment lawyer.