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Old 13.05.2015, 01:25
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notice period and salary loss holidays

Hi , I have been noticed at 11th may that 30th june i finish my contract. I just worked from 15th apri til 30th june.l havent any probezeit, so notice period is oks. The question is my boss told me he will pay me the new salary less the holidays. Its a seasonal job, but if i worked just two months and a half, could my boss discount 15 days from my salary? Or he can only discount 2.92 per month? So that is he can take out 2.92(may) , 2.92(june) and 1.46(half april). Im really lost but i dont wanna he plays unfair. I just want what i deserve. Could somebody help me asap? Thanks a lot in advance.
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Old 13.05.2015, 01:38
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Re: notice period and salary loss holidays

Sorry what? I've read through this several times but still don't quite get it. Then again, it's late...

So you had a contract from 15th April to 30th June? Or what was originally agreed? And what was the notice period?

And 2.92 is what, a pro-rated amount of vacation days? If so that would get you to 35 per year (technically, i.e. if you were working all year) - that seems veeeery unusually high for Switzerland

Where are the 15 days coming from? There is no way you would have 15 vacation days after 2.5 months of working.

Generally, for short-term contracts of less than 3-4 months, the vacation days may be paid out in cash anyway. If not and if you actually have a vacation allowance of x days, they are calculated pro-rated per month of employment. If a fixed-term contract is terminated prior to the originally agreed end date, the vacation allowance is of course reduced accordingly. E.g. if you had a contract for 6 months at a yearly (!) vacation entitlement of 25 days, you would be entitled to 12.5 vacation days, provided you complete the contract. If the contract ends earlier, for whatever reason, let's say after 3 months, the vacation entitlement will be reduced accordingly, i.e. to 6.25 days in this example.

But again, can you explain your situation again, I don't understand it (maybe it's just me and in that case, I apologize, someone else might understand this)
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Old 13.05.2015, 02:12
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Re: notice period and salary loss holidays

Thanks a lot for your quick answer. I will try it better. I had a contract from 15th april until the hotel closes.... no ending date...but i have been working there 3 seasons and they always close at 31st october. I had some problems with the new managem3nt, so they dissmised me with a valid notice period, so im hired til 30th of june cause notice period started on 11th may. Everything is ok with that. The thing is my boss told me that im going to get a new salary, cause she should discount the holidays period, they dont wanna i work anymore, so im at home til 30th of june getting paid. But im not sure about a few things:
- how many days could he discount? 15 days that i always had at the end of the season? Or could she just discount the holidays that belongs the months i have work3d? Thats 2.92 per month (is written in my L-GAV CONTRACT).... then she shouldnt pay 2.92 days for may , 2.92 for june and 1.46 for aprIl that means almost 8 days. In the other hand, then in june should I be paid whole amount cause she have took them out in may, right?

I hope I explained it better. Thanks so much for your kindness and patience.
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Old 13.05.2015, 08:40
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Re: notice period and salary loss holidays

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Thanks a lot for your quick answer. I will try it better. I had a contract from 15th april until the hotel closes.... no ending date...but i have been working there 3 seasons and they always close at 31st october. I had some problems with the new managem3nt, so they dissmised me with a valid notice period, so im hired til 30th of june cause notice period started on 11th may. Everything is ok with that. The thing is my boss told me that im going to get a new salary, cause she should discount the holidays period, they dont wanna i work anymore, so im at home til 30th of june getting paid. But im not sure about a few things:
- how many days could he discount? 15 days that i always had at the end of the season? Or could she just discount the holidays that belongs the months i have work3d? Thats 2.92 per month (is written in my L-GAV CONTRACT).... then she shouldnt pay 2.92 days for may , 2.92 for june and 1.46 for aprIl that means almost 8 days. In the other hand, then in june should I be paid whole amount cause she have took them out in may, right?

I hope I explained it better. Thanks so much for your kindness and patience.
Nope - didn't help at all.

Samaire is "our" "HR person" and is usually pretty good on this sort of stuff - but you will need to provide good information.

For example:
Contract details eg from 1st April to 31st October (7 months)
Contractual hours and time off (Is it shift rota? Hourly?)
Holiday (often stated per annum) - you'd be entitled to 7/12 of it.
Payment - how is your pay calculated

In my experience, if you are signed off on garden leave (paid leave) your holiday is used up in that period. Temporary contracts can have some "fun" elements when calculating pay to do with holiday.
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Old 13.05.2015, 08:45
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Re: notice period and salary loss holidays

OK, that makes more sense

So, you have got notice, you are on gardening leave (at home, not required to go to work). The boss has told you he will deduct holidays....but he has not told you how many.

He can not deduct the 15 days you normally got at the end of the season. You were employed/worked only 2.5 months (half April, May, June). So you did not earn 15 days yet.

Depending how your contract is written, he may not be able to deduct the (1.46,2.92, 2.92) or he may not be able to deduct ANY days! Are you normally allowed to take vacation days during the season? Is there something written in the contract that your salary "includes 2.92 days per month of vacation time"?
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Old 13.05.2015, 10:44
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Re: notice period and salary loss holidays

The only case where I can think of that they could deduct money for holiday is if you took more than your allowance. And if you have allowance left over they should pay you.

Holiday balance = allowance (~7 days) - holidays taken (?)

Additional pay = Holiday balance * day rate

So unless Holiday balance is negative (i.e. you've taken more than 7), they should be paying you!
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Old 13.05.2015, 10:45
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Re: notice period and salary loss holidays

Apologize me but as you see english isnt my muttersprache.... so the last answer helps me a lot. My boss always gave me the paid holidays at the end of the season.... so it wasnt a problem. Now what she wants is deduct my holidays so she can pay me less. I guess thats right, but i just wanted to be sure that if she was able to deduct the 15 days or just the days I earned working these 2 months and a half therefore just 8 days as its said in my contract (2.92 pro monat). I want to be sure about it cause when she gives me the new monatlohn i can refuse it and in case shes not agree i can go somewhere to claim for my rights. I have more question that maybe you can help me.... Cause I dont need to be at work , is it possible to travel outside switzerland during this notice period? Could I have any problem for that reason? Many thanks to both of you. I will post again if I have more doubts about it.
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Old 13.05.2015, 10:55
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Re: notice period and salary loss holidays

Normally if you're on "garden leave" you should be available to work, for example if they have someone off sick they could call you in.

It's purely down to the agreement (written or verbal) you have with your employer. To cover yourself it would be best to check.

The last garden leave agreement I saw effectively said "available to take phone calls" and "can attend normal workplace with two days notice", but that was at a big bank.
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Old 13.05.2015, 11:11
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Re: notice period and salary loss holidays

For a garden leave, they should pay you normal monthly salary.
I don't know in the hotel industry but as others mentioned, normally, if you have remaining vacation left (which you did not use) at the end of employment this needs to be paid out in cash.
However, if you are released from work and receive normal pay during this garden leave, they can offset this with the remaining vacation.

For example, if for a 2.5 month period you would have been eligible to 7 days of vacation (just an example) which you did not take and they let you stay at home for 6 weeks on normal pay, the don't need to pay out any remaining vacation. The vacation balance is consumed by the unpaid leave.

On the other hand, the only case where they could deduct vacation from your salary at the end is if you had taken more days off than you were eligible to. For example in the above scenario, had you already taken 10 days off while you should only get 7 days for the period of employment, they can deduct the 'missing' 3 days of work from your final salary.
Garden leave/release however does not count as vacation.
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Old 13.05.2015, 12:34
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Re: notice period and salary loss holidays

About notice period:
Thats what its said in the Kundigung:
Hiermit kundige ich als Arbeitverhaltnis fristgerecht per 30. Juni 2015 mit sofortiger Freistellung.
I think is really clear that they dont count on me anymore. So in that case... Do I allowed to travel?

About holidays:
I didnt take any day off.... but I know he is going to try to deduct my holidays from may, and he wont pay these days to me. For me thats not a problem, i prefer to finish without arguing anymore. I just wanted to be sure about the days he can deduct to me and after your kindly help im pretty sure that It will be up to 8 days. So she should pay me at least 22 days of my salary in may and whole amount in june. He tried to be really unfair saying to me that i should sign the inmediate dismissed on 11th may.... but he didnt know that i was checking everything in internet to be sure wich ones were my rights. After three years doing my best is really disgusting you make something like that..... thinking Im a fool.
Dont know how to say thanks for all your help.
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Old 13.05.2015, 12:36
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Re: notice period and salary loss holidays

Quote:
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Apologize me but as you see english isnt my muttersprache.... so the last answer helps me a lot. My boss always gave me the paid holidays at the end of the season.... so it wasnt a problem. Now what she wants is deduct my holidays so she can pay me less. I guess thats right, but i just wanted to be sure that if she was able to deduct the 15 days or just the days I earned working these 2 months and a half therefore just 8 days as its said in my contract (2.92 pro monat). I want to be sure about it cause when she gives me the new monatlohn i can refuse it and in case shes not agree i can go somewhere to claim for my rights. I have more question that maybe you can help me.... Cause I dont need to be at work , is it possible to travel outside switzerland during this notice period? Could I have any problem for that reason? Many thanks to both of you. I will post again if I have more doubts about it.
I would imagine that they will deduct either 6 or 7 days based on your working period of around 3 months. They cannot deduct 15 days.
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Old 16.05.2015, 11:43
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Re: notice period and salary loss holidays

They cannot deduct you 15 days at all! it's 2.5 days per month if you worked (100%) but you always can go to UNIA and get advice from them, I hope it helps
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Old 17.05.2015, 00:51
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Re: notice period and salary loss holidays

Thanks a lot ebernard...its clear...im waiting for my boss answer about that....just to be sure she doesnt make nothing wrong....or iwll claim for that! Maybe you can help me with the holidays..im travelling for a week during notice....i dont need to work anymore ....its not a problem , right? Many thanks in advance!
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Old 27.05.2015, 01:21
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Re: notice period and salary loss holidays

I have a new question..... Do I allowed to travel during notice period? They dont need I come back to work til the end of this one ( Garden leave )? Thanks so much
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Old 27.05.2015, 06:27
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Re: notice period and salary loss holidays

If they officially released you from work -> you can travel. No limits on that.
At least with regards to the employer.
If you will be on unemployment insurance, it's better to contact them asap and start searching for new jobs immediately.
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