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About Wage & Hour Law in Wohlen, Switzerland

This guide explains the basic legal framework and practical steps for wage and hour issues for workers and employers in Wohlen, canton Aargau, Switzerland. Swiss employment law is mainly governed by the Code of Obligations (Obligationenrecht - OR) for individual contract terms and by the Federal Labour Act (Arbeitsgesetz - ArG) for working-time, rest periods and health protection. Collective employment agreements - Gesamtarbeitsverträge (GAV) - and sectoral regulations can add obligations, including minimum wages and detailed overtime rules. Canton-level authorities in Aargau handle some inspections and dispute procedures, while federal bodies set national standards. This guide is intended to help you understand when to seek legal help, what local rules matter most, and practical next steps if you have a wage or working-time problem in Wohlen.

Why You May Need a Lawyer

Many wage and hour issues can be resolved informally, but a lawyer is important when problems become contested, complex, or high value. Common situations that justify legal advice include:

- Non-payment of wages, withheld salary or missing bonuses.

- Disputes over overtime pay, incorrect calculation of overtime or refusal to grant time-off in lieu.

- Unlawful wage deductions or improper application of social security contributions and withholdings.

- Wrongful termination where you suspect dismissal violates notice rules, contractual protections, or anti-discrimination law.

- Conflicts over holiday pay, sick-pay entitlements or continued salary during incapacity to work.

- Disputes about working hours, night work, rest breaks and health-protection breaches under the Labour Act.

- Questions about collective agreements, posted worker conditions, cross-border commuting, or agency work rules.

- Complex cases involving insolvency of the employer, mass dismissals or compensation claims under special statutes.

- Need to prepare or review employment contracts, severance arrangements, non-compete clauses or settlement agreements.

- Assistance with conciliation procedures, court representation and enforcement of judgments.

Local Laws Overview

Key points of Swiss and canton-level law that are particularly relevant in Wohlen:

- Governing laws - Individual employment contracts and pay terms are mainly governed by the Swiss Code of Obligations (OR). Working-time, rest periods, night and Sunday work and health protections are set out in the Federal Labour Act (Arbeitsgesetz - ArG).

- Working hours and overtime - Many contracts specify a standard weekly working time, commonly 40 to 42.5 hours in office jobs, 45 hours for many industrial or technical workers, and up to 50 hours for certain sectors. Overtime is generally compensated either by a minimum 125 percent pay rate or by agreed compensatory time off, subject to contract and GAV provisions. Exact limits and exemptions are set out in the ArG.

- Holidays and leave - Minimum statutory paid holiday is four weeks per year for adults and five weeks for young workers under 20. Special leave rules apply for illness, maternity, paternity, military service and other events, with some pay continuance obligations depending on the employment contract, GAV and social insurance schemes.

- Wages and payslips - Employers must pay agreed wages on time and provide clear information about pay components, deductions and social-insurance contributions. Switzerland has no general federal minimum wage, but sectoral GAVs and some cantonal initiatives can create minimum pay rules for specific industries.

- Social security and contributions - Employers must register employees with social-insurance institutions and deduct contributions for AHV/IV/EO, unemployment insurance and pension fund where applicable. Non-payment can lead to liabilities and enforcement action by social-insurance bodies.

- Collective agreements - GAVs can impose mandatory minimums on wages, working-time, overtime compensation and other conditions. These are common in construction, hospitality, cleaning and certain manufacturing sectors.

- Enforcement and dispute resolution - Initial employment disputes often go through a conciliation procedure with the local conciliation authority (Schlichtungsstelle). If unresolved, claims are brought before the civil courts. Labour inspections and cantonal authorities supervise ArG compliance.

- Limitation periods - Time limits for wage claims and contract disputes vary. Many contractual claims are subject to a five-year limitation period, but others can be shorter. Act promptly if you suspect unpaid wages or other rights have been breached.

Frequently Asked Questions

Who enforces wage and working-time rules in Wohlen?

Federal laws are enforced by a mix of federal and cantonal bodies. The State Secretariat for Economic Affairs (SECO) provides national guidance. In Aargau, the cantonal labour inspectorate and the Amt für Wirtschaft und Arbeit have roles in supervising working-time and health-protection rules. For disputes about unpaid wages and contractual claims you normally start with the local conciliation authority; unresolved matters go to the civil courts.

Do I have a guaranteed minimum wage in Wohlen?

Switzerland has no single federal minimum wage. Minimum wages exist where they are set by collective employment agreements (GAV) or specific cantonal measures. Canton Aargau does not have a general cantonal minimum wage, so check whether your sector is covered by a GAV that establishes minimum pay rules.

How is overtime calculated and paid?

Overtime rules depend on the employment contract, GAV and the Labour Act. Typically, overtime is compensated by at least 125 percent of the normal hourly wage or by equivalent compensatory time off if agreed. Some exceptions and special rates apply depending on industry and seniority. Keep time records and check your contract and any applicable GAV.

Can my employer make deductions from my salary?

Employers may make lawful deductions for required social-insurance contributions and taxes. Other deductions are only allowed if permitted by law, collective agreement or the employment contract, or with your written consent. Illegal or unexplained deductions should be challenged in writing and may require legal action to recover.

What are my holiday entitlements?

The statutory minimum is four weeks paid holiday per year for adults, five weeks for employees under 20. Many employers or GAVs grant more. Accrued but unused holiday may be payable at termination. If your employer denies holidays or fails to pay, document requests and denials and seek advice if unresolved.

What happens if my employer does not pay my wages?

First send a written demand for payment with a reasonable deadline. If unpaid, you can initiate a claim at the conciliation authority in your canton. A lawyer can help prepare the claim and, if necessary, represent you in court and enforce any judgment. Act quickly because limitation periods apply.

Am I protected against unfair dismissal?

Switzerland does not have a rigid system of unfair dismissal like some jurisdictions, but dismissals violating specific protective rules are void. Protected reasons include termination during certain statutory protection periods - for example during illness, maternity leave or military service - and dismissals based on discriminatory motives. Notice periods and procedural protections in the OR and in your contract must be respected.

Do I get paid when I am sick or on maternity leave?

Sick-pay depends on the employment contract, GAV and any employer insurance. Many employers offer continuation of salary for a limited period according to common scale rules. Maternity leave is protected by federal law and provides a limited period of wage replacement through the loss-of-earnings insurance (EO), usually 80 percent of income for a defined period. Paternity leave and other special leaves are subject to statutory provisions and employer policies.

What should I do if my employer is not making social-insurance contributions?

Non-payment of employer social-insurance contributions is a serious issue. Contact the responsible social-insurance office such as the local Ausgleichskasse and request information. You may have claims for unpaid contributions or risks to your pension entitlements. Document evidence and consult a lawyer if the employer does not resolve the matter.

Do I need a written contract and what should it include?

Although oral contracts are valid in Switzerland for many employment relationships, a written contract is strongly recommended. It should set out salary, working hours, probation period, notice periods, role and duties, overtime rules, holiday entitlement, and reference to any applicable GAV. A lawyer can review or draft clauses such as non-compete or confidentiality provisions to ensure they are enforceable.

Additional Resources

Useful local and national resources to consult when dealing with wage and hour issues in Wohlen:

- Canton Aargau office responsible for labour and employment matters - for information on local enforcement and conciliation authorities.

- Cantonal conciliation authority - required first step for many employment disputes before court.

- Swiss Federal Labour Act (Arbeitsgesetz - ArG) and Code of Obligations (Obligationenrecht - OR) - primary laws governing working time and employment contracts.

- Collective employment agreements - check if your industry is covered by a GAV for additional protections and minimum wages.

- Cantonal social-insurance offices and Ausgleichskassen - for AHV/IV/EO and pension fund questions.

- Trade unions and professional associations - unions such as Unia provide legal advice and support for many employees in covered sectors.

- Legal aid and cantonal assistance programs - if you cannot afford a lawyer, cantonal legal-aid schemes may help cover costs depending on income and case merits.

Next Steps

If you have a wage or hour problem in Wohlen, consider the following practical steps:

- Gather documentation - employment contract, payslips, time sheets, emails, correspondence, any GAV or internal policies, and records of conversations about pay or hours.

- Communicate in writing - ask your employer for clarification or correction and set a clear deadline. Written requests create a paper trail useful for conciliation or court.

- Check whether a collective agreement applies - this can change your rights on minimum pay, overtime and complaint procedures.

- Contact the local conciliation authority - many employment disputes require an initial conciliation attempt before court action.

- Seek early legal advice - a lawyer experienced in Swiss employment law can evaluate your position, estimate likely outcomes and costs, and assist with demands, conciliation or litigation.

- Consider alternatives - mediation, union assistance or negotiation may resolve the dispute faster and less expensively than court.

- Act promptly - legal time limits can bar claims if you wait too long. If you suspect wage theft, unpaid overtime or unlawful deductions, start the process early.

If you decide to consult a lawyer, bring all relevant documents and a clear timeline of events to make the first meeting efficient and productive.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.