A 13th salary is not a legal rightOR Art. 322
This catches many newcomers off guard: in Switzerland a 13th salary (13. Monatslohn) is not a statutory entitlement. The Code of Obligations (Obligationenrecht, OR), in Article 322, defines salary as whatever is agreed, customary, or set by a standard or collective employment contract — nowhere does the Code require a 13th month to be paid.
In practice almost everyone receives one, but it is neither uniform nor verifiable from any public register. Whether you get one depends on what your contract says — which is exactly why the calculator asks you to choose the number of payments rather than assuming on your behalf.
So where does the obligation come from
A 13th salary becomes owed only when one of these three sources provides for it:
- Employment contract — if it is written explicitly into your individual contract.
- Collective agreement (GAV/CBA) — industry-wide or company-level; in many sectors the GAV provides for a 13th.
- Betriebsübung (established practice) — if the employer pays it unconditionally for three consecutive years, an implied entitlement can arise for the future.
If none of those three applies, the employer does not owe it. So before you sign, check whether and in what form a 13th salary is provided for.
