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Old 24.07.2015, 09:48
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Retrenched - Leave options during 3 month notice period

I am now in my 3 month “notice” period due to my employment contracted being terminated and do not want to take my leave that is due to me at the moment for a variety of reasons.
I asked if it could rather be paid out with my final salary. The HR department told me that it is not allowed “by law” to pay employees for their leave days and that it has to be taken.

While I understand the basic logic behind this, how can I find out if this is indeed “law” and if it has to be applied to persons who have been retrenched and would rather have the benefit of some extra cash instead of leave days they do not need / want?


Thanks for your input and advice
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Old 24.07.2015, 10:12
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Re: Retrenched - Leave options during 3 month notice period

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I am now in my 3 month “notice” period due to my employment contracted being terminated and do not want to take my leave that is due to me at the moment for a variety of reasons.
I asked if it could rather be paid out with my final salary. The HR department told me that it is not allowed “by law” to pay employees for their leave days and that it has to be taken.

While I understand the basic logic behind this, how can I find out if this is indeed “law” and if it has to be applied to persons who have been retrenched and would rather have the benefit of some extra cash instead of leave days they do not need / want?


Thanks for your input and advice
I can't point you to the law, but it is what I have been told by my ex-colleagues when they had to leave. I think this is why some people go sick during the notice period to force another month's money.
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Old 24.07.2015, 10:33
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Re: Retrenched - Leave options during 3 month notice period

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I can't point you to the law, but it is what I have been told by my ex-colleagues when they had to leave. I think this is why some people go sick during the notice period to force another month's money.

Yes I've heard the same (that you must take it) from the majority of people I have spoken to, BUT I have also heard of cases where leave was paid out.


I have asked the HR dept to show me the written regulation but as of yet nothing has happened, probably hoping I will relent and take the time off.


I just wonder if most companies are not taking advantage of a regulation that is meant for people who are still employed to ensure they take sufficient time off each year ( to recover, rest, blah blah) and don't accumulate their leave. Which imho does not apply when you are served notice half way thru the year and potentially facing unemployment with no immediate job prospects...
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Old 24.07.2015, 10:43
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Re: Retrenched - Leave options during 3 month notice period

Similar situation: our people were told that they could either take the holidays or forfeit them. No pay out is possible.
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Old 24.07.2015, 11:11
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Re: Retrenched - Leave options during 3 month notice period

It's seems to be a bit of a grey area without a straight-forward answer. As you said the idea is that employees take the holidays in order to rest. In a Situation like yours the chances that you would indeed be able to relax knowing that you will be without a job soon - could overwrite the basic ruling of no paid-out holidays. Try to approach the HR with some information that you gathered online. Start here http://www.entlassung.ch/zeit-zwisch...endigungsfrist
The following part is relevant for you
Arbeitgeber will Ferienbezug, Arbeitnehmer dagegen nicht

  • Arbeitgeber hat gekündigt:Die Möglichkeit und das Quantitativ des Ferienbezugs werden bestimmt durch:
    • den Restsaldo des Ferienguthabens
    • die Länge der Kündigungsfrist
    • die Arbeitsmarktlage
    • die Stellensuche
    • die Tendenz der Gerichte, der Unvereinbarkeit von Stellensuche und Erholung mehr Gewicht beizumessen
    • rechtzeitige Mitteilung des Arbeitgebers an den Arbeitnehmer, dass er ihn zum Ferienbezug während der Kündigungsfrist verpflichten will
    • der Arbeitnehmer muss genügend Zeit für die Ferienplanung erhalten.
I highlighted the bits I think are most important. If you have a legal insurrance (Rechtsschutzversicherung) now might be a good time to make use of it. Otherwise check as well with Beobachter and Kassensturz/K-Tipp. There is bound the be more information about that online as this is a common problem.
Check here as well for further Information. http://www.ferienanspruch.ch/ferien-...rbot#ausnahmen
If they tell you that they are not allowed to pay out the amount (which is true, see below) tell them that they can pay you the amount after your contract has run out meaning after the notice period because you are then no longer an employee (see highlighted part below)
OR 329d Abs. 2

2 Die Ferien dürfen während der Dauer des Arbeitsverhältnisses nicht durch Geldleistungen oder andere Vergünstigungen abgegolten werden.


Hope that helps and good luck with the jobhunt!
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Old 24.07.2015, 11:16
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Re: Retrenched - Leave options during 3 month notice period

Thanks for the links and great tips Irish T
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