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Demand for unpaid wages or overtime, in German (Switzerland)

Switzerland · in German · for employees

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For employees in Switzerland whose employer owes them wages, overtime or pay during illness, in German: a written demand for payment with a breakdown, total, deadline and bank account. Overtime with the 25% supplement (Art. 321c para. 3 CO), pay during illness on your canton's court scale (Art. 324a CO), 5% default interest and a written pay statement (Art. 323b CO). Items you leave blank are dropped. Send it by registered post; the conciliation procedure that may follow is free of court costs up to CHF 30'000.00.

  • Last updated November 4, 2026
Switzerland
Notice & Demand
Deutsch
Employment
Print & sign
2 pages

Published byDocMuse

When to use this document

  • Your employer in Switzerland is late with your salary or has paid only part of it.
  • You worked a lot of extra hours and your employer refuses to pay for them.
  • You were off sick and your employer stopped paying your wages too early.
  • You have left the job, are still waiting for your final pay and want to demand it in writing.

What you fill in

The details the document asks for.

  • Employee
  • Employee's address
  • Employer
  • Employer's registered address
  • City
  • Date
  • Job title
  • Start date
  • Date of termination
  • Unpaid wages: months or period (optional)
  • Unpaid wages, gross amount in CHF (optional)
  • Overtime pay claimed, gross in CHF (optional)
  • Pay during illness or accident: period off work (optional)
  • Pay during illness or accident, gross in CHF (optional)
  • Other claim, e.g. 13th-month pay, holiday pay or expenses (optional)
  • Other claim, amount in CHF (optional)
  • Total amount
  • Unpaid overtime (dates and hours)
  • Canton of the court: scale for pay during illness (optional)
  • Deadline
  • IBAN
  • Attachments

Common questions

When must a Swiss employer pay for overtime?
Necessary overtime beyond the agreed or usual hours can be made up, with your consent, by time off of at least the same length; otherwise the employer pays your normal wage plus a supplement of at least 25% (Art. 321c CO). A written contract, a standard employment contract (NAV) or a collective agreement (GAV) can provide otherwise, for instance that overtime is covered by the salary. Keep a record of your hours: you must prove them, and that they were ordered or known to the employer.
Must work beyond the legal maximum hours be paid if my contract covers overtime with the salary?
Yes, where the Labour Act applies to you. Work beyond its maximum working week of 45 or 50 hours, depending on the business and the job (Art. 9 ArG), is Überzeit. For it the employer owes a mandatory supplement of at least 25%, unless it is made up, with your consent, by time off of the same length; for office, technical and other employees only from the 61st hour in a calendar year (Art. 13 ArG). An agreement that covers overtime with the salary (Art. 321c para. 3 CO) does not change that.
How long does a Swiss employer pay wages during illness, and which scale applies?
If the job has lasted more than three months or was agreed for longer, the employer owes your wage during illness or accident through no fault of yours for three weeks in the first year of service, then for a reasonably longer period (Art. 324a CO). Courts measure it on scales: Zurich and a few other cantons use the Zurich scale, both Basels the Basel scale, and Bern, Aargau, Vaud, Geneva and most others the Bern scale. Equivalent daily-allowance insurance can replace them (Art. 324a para. 4 CO). After an accident, accident insurance pays 80% of insured earnings from the third day; the employer's duty then follows Art. 324b CO.
How long can I still claim unpaid wages in Switzerland?
Wage claims become time-barred after five years (Art. 128 no. 3 CO), each from the day it fell due. During the employment and for one month after it you cannot waive claims under mandatory law (Art. 341 para. 1 CO); a receipt signed 'in full settlement' does not change that. This letter does not interrupt the limitation period: debt enforcement, a conciliation request or an acknowledgement by the employer does (Art. 135 CO).
What can I do if the employer still does not pay?
You file a conciliation request at the employer's seat or where you usually work (Art. 34 CPC); the conciliation authorities and courts offer free forms for it. Up to a value of CHF 30'000.00 there are no court costs and the simplified procedure applies (Art. 113, 114 and 243 CPC). You can also start debt enforcement (Betreibung) at the debt enforcement office of the employer's seat. If the employer is insolvent, ask the unemployment fund about insolvency compensation (Art. 51 ff. AVIG).

How you can sign this document

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