Worker Receives Over €130,000 in Overtime Pay After 15-Year Delay

Employment Issues: Employees vs Employers

The challenges surrounding employment often place employees at a significant disadvantage when compared to their employers.
When employers exploit this situation, employees may find themselves in serious trouble, fearing potential repercussions if they pursue legal action.
This explains why our legal system allows the statute of limitations for employee wage claims to begin only after the employment relationship ceases, thereby protecting workers and acknowledging their hesitation.

Indeed, the majority of lawsuits filed by employees occur after termination, not as a means of retaliation—at least not typically—but rather for the greater peace of mind that the employee feels once they are no longer tethered to the workplace.
A similar incident occurred in Switzerland, where a worker sought legal recourse long after resigning.
After a protracted 15-year legal battle, he was awarded recognition for unpaid overtime and other allowances totaling over €130,000 (specifically, 125,000 Swiss francs).

Over €130,000 in Unpaid Overtime After 15 Years

As reported by Swiss media, a former kitchen assistant approached the court over unpaid overtime stemming from his three and a half years working at a kebab shop.
His part-time employment contract stipulated 20 working hours per week, alongside four weeks of annual vacation—vacation time that was not granted in practice, similarly to the additional hours worked daily by the employee.

The ex-employee successfully evidenced his claims, ultimately receiving 125,000 francs—15 years after departing from the job.
The employer’s objections were dismissed, and he also faced an additional 5,000 francs in legal costs.
This case garnered significant attention in Switzerland for two primary reasons: the length of time elapsed since the dismissal, and the substantial amount awarded by both the Vaud state judges and later the Federal Supreme Court.

However, the awarded sum is not entirely unreasonable; one must consider the possibility that the employee worked more than 8 hours daily despite the part-time contract, being compensated solely for the contracted hours.
This amount also includes untaken vacation, additional compensatory payments, and accrued interest.

Differences with Italy and How to Protect Yourself

As previously noted, in Italy, the statute of limitations for wage claims starts from the cessation of employment.
The time limit varies based on the type of claim, with a five-year period for periodic claims and ten years for one-time claims.
Therefore, overtime and wages typically expire after five years, while untaken vacation claims face a ten-year limitation.

This gives employees considerable time to pursue legal action or enforce payment from their employers.
A formal notice sent via registered mail or PEC (certified email) can interrupt the limitation period, resetting it from the day of notification.
Similarly, filing a lawsuit also suspends the limitation period.

Regarding timelines, first-instance labor lawsuits generally take between one to three years, extending further if appealed, possibly reaching six years.
It is highly unusual for cases to stretch to 15 years unless the employee procrastinates excessively in making their claims—potentially interrupting the limitation multiple times.

Predicting the potential amounts awarded to former employees is complex, as they depend on various specific factors.
Certainly, the claimant is entitled to payment for hours worked without remuneration, including any applicable increases for overtime.
However, the claimant must also credibly substantiate their claims.
While it’s not necessary to document each additional hour worked, it is essential to provide supporting evidence, which can include conversations and witnesses from throughout the relevant timeframe.