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

Switzerland · in Italian · for employees

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

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

Published byDocMuse

When to use this document

  • Your employer in Switzerland has not paid last month's wages.
  • You worked many extra hours in Ticino that were never paid.
  • Your employer stopped paying your wages while you were off sick.
  • You want to demand payment in writing in Italian before going to the conciliation authority.

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, gross amount in CHF (optional)
  • Unpaid wages: months or period (optional)
  • Overtime pay claimed, gross in CHF (optional)
  • Pay during illness or accident, gross in CHF (optional)
  • Pay during illness or accident: period off work (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) (in Italian)
  • Deadline
  • IBAN
  • Attachments

Common questions

Is overtime paid in Ticino, and does the Labour Act add anything to the contract?
Hours needed beyond the agreed or usual schedule can be made up, with your consent, by time off of at least the same length; otherwise the employer pays the normal wage plus at least a quarter (Art. 321c CO). A written agreement or a standard or collective contract can provide otherwise, for example by including overtime in the salary. Beyond the Labour Act's maximum week of 45 or 50 hours (Art. 9 LL in Italian), a supplement of at least 25% is due that no contract excludes; for office staff only beyond the first 60 hours of the calendar year (Art. 13 LL). Keep a record of your hours: it is for you to prove them.
For how long must a Ticino employer keep paying wages while I am ill?
If the job has lasted more than three months or was agreed for more than three, the employer pays wages during illness or accident through no fault of yours for three weeks in the first year of service, then for an appropriately longer period (Art. 324a CO). Courts measure that period on a scale that differs by canton: Ticino's appeal court applies the Bern scale, which the letter offers for Ticino. An equivalent daily sickness benefit insurance, agreed in writing or by collective agreement, can replace it (Art. 324a para. 4 CO). After an accident, accident insurance pays 80% of insured earnings from the third day (Art. 16 and 17 LAINF).
Where do I take a Ticino employer who still will not pay my wages?
With a conciliation request at the employer's seat or your usual place of work (Art. 34 CPC): in Ticino before the justice of the peace (giudice di pace) up to CHF 5'000.00, above that before the registrar of the district court (Pretura) (art. 2 and 3 of the cantonal act applying the CPC). Up to CHF 30'000.00 there are no court costs and the simplified procedure applies (Art. 113, 114 and 243 CPC). Debt enforcement is also possible, and if the employer is insolvent the unemployment fund can, under certain conditions, pay insolvency compensation (Art. 51 ff. LADI).
How long can I still claim unpaid wages from a Ticino employer, and does a receipt bind me?
Wage claims are time-barred after five years (Art. 128 no. 3 CO), each from when it fell due. During the employment and for a month after it ends you cannot waive claims under mandatory law or a collective agreement (Art. 341 para. 1 CO); signing a receipt for the balance (quietanza a saldo) changes nothing. This letter does not interrupt the limitation period: debt enforcement, a conciliation request or the employer's acknowledgement does (Art. 135 CO).

How you can sign this document

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