11 min read Overtime or excess work: what is the difference?
The answer fits in one sentence: overtime exceeds your contractual schedule but stays below the legal cap, whereas excess work exceeds the maximum limit set by law (45h or 50h per week). Confusing the two exposes you to a dispute before the Labour Court, in Geneva as much as in the canton of Vaud.
Here is the summary table setting out the two concepts and their practical consequences.
| Legal concept | Definition | Legal cap (LTr) | Mandatory compensation |
|---|---|---|---|
| Overtime (Überstunden) | Hours worked beyond the working time set by the contract (e.g. between 40h and 45h). | Limited by the contract or the collective bargaining agreement (CBA). | Compensatory leave of equal length OR a 25% surcharge (unless a written agreement states otherwise). |
| Excess work (Überzeit) | Hours worked beyond the maximum legal length of the working week. | 45 hours (industry, offices, technical, sales) or 50 hours (other sectors). | Time off OR a mandatory 25% surcharge (not modifiable by contract for office staff from the 61st hour). |
Overtime (art. 321c CO)
These are hours worked beyond the normal schedule set by the employment contract or the CBA, but which stay below the maximum legal cap (generally 45 hours). By written agreement, the 25% surcharge can be removed or replaced exclusively by leave of equivalent length. A concrete example: a Geneva bank employee whose contract sets 40h per week and who works 44h performs 4 hours of overtime, to be compensated in time or paid with a 25% surcharge depending on what the contract provides.
Excess work (art. 12 and 13 LTr)
These are the hours that exceed the legal limit of 45 hours (or 50 hours). Excess work is a matter of public policy: the law forbids removing the 25% salary surcharge by contract, unless the hours are offset by free time with the worker's agreement. In addition, excess work may not exceed 2 hours per day and a total of 170 hours per year for a 45h week (140 hours per year for a 50h week).
To read your full pay properly, our guide to understanding your Swiss payslip details where these hours and their surcharge appear on the statement.
How does telework change a cross-border worker's overtime in 2026?
The short answer: an overtime hour is owed whether it is worked at the office or from home, but for a cross-border worker, the hour worked from the country of residence counts towards the quota of working time outside Switzerland. Since the fiscal and social agreements stabilised in 2026, this quota is capped at 40% for France and Germany and 25% for Italy.
The risk is real and often underestimated. If a cross-border worker from Haute-Savoie or the Pays de Gex regularly works overtime from home (for example by answering emails in the evening) and those hours push past the 40% cap of working time outside Switzerland, their entire social and tax status can shift to the country of residence. In practice, that means affiliation to the foreign social security system and a change in where they are taxed.
Swiss companies must include overtime worked from home in their badging and time-tracking tools, to make sure the cross-border quota is never crossed. An untracked overtime hour is an invisible hour that, accumulated over the year, can tip a case during an audit.
On the employee side, vigilance is required too: it is better to work overtime on site, in Switzerland, rather than from home, to preserve the margin under the 40% threshold.
This topic is inseparable from the general rules on remote work: read our dedicated guide to the cross-border telework rules in Switzerland (A1 certificate, tax and social thresholds, proof of presence).
Are cross-border managers paid for their overtime?
The answer is nuanced: no, not automatically. A common misconception is that every cross-border worker has a right to overtime pay. That is false for one specific category of employees.
According to Federal Tribunal case law, workers holding a "senior managerial function" (members of management, senior executives with real decision-making power in the company) are excluded from the scope of the Labour Act regarding working time. This notion is interpreted restrictively: a mere "head of" or "manager" title is not enough; effective decision-making power over the running of the business is required.
The direct consequence: their overtime is presumed to be compensated by their high fixed salary, unless a specific clause of the employment contract explicitly provides for payment. A cross-border CFO earning 180,000 CHF per year will therefore generally not be able to claim overtime pay — unless it is stated in black and white in their contract.
If you are a manager, re-read the "working time" clause of your contract before signing. The explicit mention of whether overtime is paid or not is the only thing that will count. If you are unsure about your "senior managerial function" status, legal advice pays for itself quickly given the amounts at stake.
How to protect the value of your overtime paid in CHF?
When overtime is paid (uplifted to 125%), it represents a substantial salary top-up in Swiss francs, subject to Swiss social contributions and to withholding tax (depending on the canton, such as Geneva). It still needs to reach your euro account intact.
This is where the EUR/CHF parity comes in. In a market where the Swiss franc trades at a historically strong level, below parity (around 0.9150), every overtime hour paid in CHF generates a multiplied purchasing-power gain once converted into euros for day-to-day living in the country of residence.
A worked example: 10 hours of overtime per month at 45 CHF an hour, uplifted to 125%, represent roughly 562 CHF of monthly top-up. With a classic bank spread of 2%, more than 11 CHF a month disappear into invisible exchange fees — nearly 135 CHF a year, the equivalent of three overtime hours handed to your bank.
To go further, discover our method to transfer your Swiss salary abroad and the ibani service dedicated to cross-border workers.
To stop the 25% surcharge you earned by the sweat of your brow from being swallowed by your traditional bank's exchange fees, go through ibani. Your overtime and your salary land on your free personal Swiss IBAN, then get converted at the real interbank market rate to your European account, with no SWIFT fees or hidden commissions.
Open an ibani account →Frequently Asked Questions
What is the difference between overtime and excess work in Switzerland?
Overtime (Überstunden, art. 321c CO) refers to hours worked beyond your contractual schedule but below the legal cap of 45h or 50h. Excess work (Überzeit, art. 12 LTr) refers to hours that exceed that maximum legal cap. Excess work is a matter of public policy: its 25% surcharge cannot be removed by contract.
Can my employer require me to work overtime?
Yes, under article 321c of the Swiss Code of Obligations (CO), the worker must perform overtime insofar as they are able to do so and provided that a refusal would be contrary to the rules of good faith (for example in the event of an extraordinary surge of work or an emergency in the company).
Is office staff excess work always paid with a 25% surcharge?
No. Under the Labour Act, for office staff, engineers or sales staff of large stores, excess work (beyond 45h) is only mandatorily paid with the 25% surcharge from the 61st hour worked in the year. The first 60 hours may be paid at the normal rate, unless the contract or CBA is more favourable.
Is a cross-border worker paid for overtime worked from home in their country of residence?
Yes, an overtime hour is owed whether it is worked at the office or from home. But for a cross-border worker, those hours worked abroad add to the telework quota (40% for France and Germany, 25% for Italy). Exceeding that cap can shift social security and tax affiliation to the country of residence.
Do cross-border managers have a right to overtime pay?
Workers holding a senior managerial function (members of management, senior executives with real decision-making power) are excluded from the Labour Act working-time rules. Their overtime is presumed to be compensated by their high fixed salary, unless an explicit contract clause provides for payment.