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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 321c

IV. Over­time

 

1 If more hours of work are re­quired than en­vis­aged un­der the em­ploy­ment con­tract or provided for by cus­tom, stand­ard em­ploy­ment con­tract or col­lect­ive em­ploy­ment con­tract, the em­ploy­ee is ob­liged to per­form such over­time to the ex­tent that he is able and may con­scion­ably be ex­pec­ted to do so.

2 In con­sulta­tion with the em­ploy­ee, the em­ploy­er may com­pensate him with­in an ap­pro­pri­ate peri­od for the over­time worked by grant­ing him time off in lieu of at least equal length.

3 Where the over­time is not com­pensated by time off in lieu and un­less oth­er­wise agreed in writ­ing or un­der a stand­ard em­ploy­ment con­tract or col­lect­ive em­ploy­ment con­tract, the em­ploy­er must com­pensate the em­ploy­ee for the over­time worked by pay­ing him his nor­mal salary and a sup­ple­ment of at least one-quarter there­of.