Can I ask an employee to work 50 hours per week if they are salaried?

No. Höchstarbeitszeit is a legal maximum regardless of salary status. A salaried employee earning CHF 6,000 per month has the same working-hour ceiling as an hourly employee. You must stay within your canton's Höchstarbeitszeit limit and compensate any excess through reduced hours elsewhere or explicit overtime pay.

What is the difference between Höchstarbeitszeit and Pensum?

Pensum is the percentage of a standard full-time role (e.g., 80%, 100%). Höchstarbeitszeit is the legal maximum number of hours per week that anyone may work. A 100% Pensum employee still cannot work more than your canton's maximum (e.g., 45 hours in Zurich), even if they volunteer.

If my canton allows 50 hours per week, can I enforce it?

Only if your canton's Arbeitsinspektorat permits it and your GAV (if applicable) does not impose a lower limit. Even then, working 50 hours regularly requires justification and proper compensation. Consult your cantonal labour office or a labour lawyer to confirm before building this into standard practice.

Maximum Working Hours (Höchstarbeitszeit)

Höchstarbeitszeit is the legal cap on hours a full-time employee can work per week. In Switzerland, the federal maximum is typically 45 hours per week (ArG, Federal Labour Act), though some cantons permit up to 50 hours if compensated by shorter hours in other weeks. Employers must respect this ceiling and track actual hours; breaching it creates liability for overtime pay and wage violations.

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Höchstarbeitszeit sets the absolute maximum number of hours an employee may work per week under Swiss law. This is not the same as a contractual Pensum (percentage of full-time); it is a hard ceiling enforced by cantonal labour authorities.

The rule applies to all employees regardless of sector, though construction and hospitality have specific conventions in their collective labour agreements (GAV). Failure to respect Höchstarbeitszeit exposes you to wage disputes, fines from the Arbeitsinspektorat, and claims for additional compensation.

What the Law Says

The Federal Labour Act (Arbeitsgesetz, ArG) sets a baseline maximum of 45 hours per week for most workers. However, cantons can set stricter limits; some (like Basle-Stadt) enforce 42 hours, while others allow higher thresholds if offset by rest periods.

Your employment contract and any applicable GAV (sectoral agreement) must comply with the strictest rule that applies: federal law, cantonal law, or collective agreement. Always confirm your canton's specific rule before hiring.

Federal maximum: typically 45 hours/week (ArG Article 9)
Canton-specific rules may be stricter or have special provisions
Pensum percentage (80%, 100%) does not override Höchstarbeitszeit
Flexible arrangements (shorter weeks offset by longer ones) must stay within annual limits
Applies equally to salaried and hourly employees
Breaches can trigger Arbeitsinspektorat audits and wage claims

When This Matters

You must consider Höchstarbeitszeit when drafting job offers, setting work schedules, and approving overtime. It becomes critical during busy seasons or when an employee is covering for absent colleagues.

If you operate across multiple cantons (branches in Zurich and Geneva, for example), each location must comply with its local maximum. Ignoring this creates compliance risk and employee disputes.

Writing employment contracts and setting contractual Pensum
Approving overtime and arranging shift patterns
Responding to employee complaints about excessive hours
Operating in multiple cantons with different rules
Handling disputes over unpaid work time
Annual compliance reviews with your accountant or HR advisor

The Most Common Mistake

Employers confuse Pensum with Höchstarbeitszeit. A 100% Pensum contract does not mean unlimited hours. A full-time employee (100% of ~42–45 hours, depending on canton) cannot legally work 55 hours per week just because they are salaried.

The second mistake: ignoring canton-specific rules. If you hire in Zurich but follow Geneva's limits, or vice versa, you may unknowingly breach local law. Always check your Arbeitsinspektorat's guidance for your canton.

Treating a 100% Pensum contract as permission to demand unlimited hours
Failing to check your canton's specific Höchstarbeitszeit rule
Not tracking actual hours worked, leaving no proof of compliance
Assuming a GAV overrides Höchstarbeitszeit (it cannot lower the standard)
Compensating excess hours irregularly or informally instead of formally
Not consulting a labour lawyer when unsure (cantonal differences are real)

Frequently asked questions

Can I ask an employee to work 50 hours per week if they are salaried?: No. Höchstarbeitszeit is a legal maximum regardless of salary status. A salaried employee earning CHF 6,000 per month has the same working-hour ceiling as an hourly employee. You must stay within your canton's Höchstarbeitszeit limit and compensate any excess through reduced hours elsewhere or explicit overtime pay.
What is the difference between Höchstarbeitszeit and Pensum?: Pensum is the percentage of a standard full-time role (e.g., 80%, 100%). Höchstarbeitszeit is the legal maximum number of hours per week that anyone may work. A 100% Pensum employee still cannot work more than your canton's maximum (e.g., 45 hours in Zurich), even if they volunteer.
If my canton allows 50 hours per week, can I enforce it?: Only if your canton's Arbeitsinspektorat permits it and your GAV (if applicable) does not impose a lower limit. Even then, working 50 hours regularly requires justification and proper compensation. Consult your cantonal labour office or a labour lawyer to confirm before building this into standard practice.

General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.