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Old 29.01.2015, 16:58
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Au Pair Query

Hello!

My host family are to take a 2 week holiday in April; they mentioned this after i got here as they forgot, which i totally believe. However, i was just wondering...would this count as 2 of the 4 weeks paid holiday i am entitled to? Before they told me they were going away i envisaged taking maybe a week of in April for my birthday...a couple of weeks off in the Summer to go on holiday in the UK with my family...and a week in and around Xmas.

With them going away for 2 weeks in april does this only leave me with an entitlement of 2 weeks paid holiday to take over the next eight months?

Thank you!
Amy x
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Old 29.01.2015, 17:16
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Re: Au Pair Query

Hi Amy,

Yes I think it would. 😕 Ask them and maybe you could negotiate the rest of the dates for your paid holiday, and maybe have one week unpaid at Christmas. However you could also look into how many hours you do when you have the baby sole charge on sick days from crèche etc.

Karen
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Old 29.01.2015, 17:29
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Hey Karen

I just dont want 2 weeks holiday in april. If they hadnt of had this holiday booked i would have saved myself and used those weeks later in the year. Then that only gives me 2 weeks holiday for the next 8 months after? Ill ask them tonight...but i feel rude. x

Its not the being paid bit i mind about. Its just the...having the choice of when i take MY four weeks holiday part. I know id have to negotiate this with them but its only been mentioned in passing that theyre going on holiday for two weeks in april and after that nothing was said as to whether this counts as my holiday...

Last edited by 3Wishes; 29.01.2015 at 18:04. Reason: merging successive posts
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Old 29.01.2015, 17:36
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Re: Au Pair Query

I know, it's difficult but you do need to clear it with them. Don't feel rude asking them, they probably hadn't even realized that it affects your holiday time.
Good luck ☺K
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Old 29.01.2015, 17:39
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Re: Au Pair Query

I can't quote any law to you, but it's been discussed previously that an employer can dictate when you take holidays.

It was certainly the case in the UK when I was there - the entire company closed down for two weeks in August and over Christmas.

See this thread
Can your boss force you to take vacation in a specific period?

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As lux has said; yes he can force you. He needs to take into consideration your wishes but at the end of the day, he decides.

Art. 329c

c. Zusammenhang und Zeitpunkt
1 Die Ferien sind in der Regel im Verlauf des betreffenden Dienstjahres zu gewähren; wenigstens zwei Ferienwochen müssen zusammenhängen.1
2 Der Arbeitgeber bestimmt den Zeitpunkt der Ferien und nimmt dabei auf die Wünsche des Arbeitnehmers soweit Rücksicht, als dies mit den Interessen des Betriebes oder Haushaltes vereinbar ist.
E.T.A.
The law (in English);
http://www.admin.ch/ch/e/rs/220/a329c.html
Quote:
The employer determines the timing of holidays taking due account of the employee’s wishes to the extent these are compatible with the interests of the business or household.

Last edited by mirfield; 29.01.2015 at 17:51. Reason: Added admin.ch link
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Old 29.01.2015, 17:41
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Re: Au Pair Query

Couldn't you claim that for one of the weeks (or both), you would be living in and looking after their house? Would that count as "working"?
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Old 29.01.2015, 18:00
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Re: Au Pair Query

…. you could always offer to take those two forced weeks as unpaid, and use the time to see a bit of Switzerland??

… Or offer to go on holiday with them and look after the kids
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Old 29.01.2015, 20:35
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Re: Au Pair Query

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Hello!

My host family are to take a 2 week holiday in April; they mentioned this after i got here as they forgot, which i totally believe. However, i was just wondering...would this count as 2 of the 4 weeks paid holiday i am entitled to? Before they told me they were going away i envisaged taking maybe a week of in April for my birthday...a couple of weeks off in the Summer to go on holiday in the UK with my family...and a week in and around Xmas.

With them going away for 2 weeks in april does this only leave me with an entitlement of 2 weeks paid holiday to take over the next eight months?

Thank you!
Amy x
Are you absolutely certain you are not expected to go with to look after the child(ren)? Maybe they assumed you understood you were going with. Or did they absolutely tell you that you are not joining them?

I think it is best if you have an open discussion about your holiday plans. You could offer to take these two weeks off without pay so as to save your holidays for another time.
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Old 29.01.2015, 20:41
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Re: Au Pair Query

Midfield is correct; an employer can dictate, with some exceptions, when their employees take vacations (look at teaching, for example). Still, a reasonable discussion can't hurt.
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Old 29.01.2015, 22:10
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Re: Au Pair Query

theyre going to somewhere far away and very hot for a family wedding and...im not invited...which is fine, of course. so im free to do as i wish. im not bothered if i get paid half of what i usually get paid in that month...its not the pay im querying about...its whether not, when they get back, if ive still got a total of 4 weeks to take as and when i choose, within reason and notice. as i thought was the agreement. ill mention it...theyre lovely, open, chilled out, understanding people...i just wanted to find out what people on here thought or knew about the situation first as a lot of information ive found online is contradictory.
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Old 29.01.2015, 22:27
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Re: Au Pair Query

Normally as an au-pair or nanny, you have to have your holidays when convenient to the family. BUT they really should have discussed that with you first. Sooner you have a chate about it, the better. Tell them that as you din't know about this, you've already committed yourself to certainy dates due to family reasons of your own- and see if you can come to an arrangement- perhaps 1 week paid, 1 unpaid. But if they stick to their guns, not much you can do, I'm afraid. If they are nice and chilled-out people, they will realise not comming to a compromise might spoil your good relationship. Tell us how you get on. When we had Au Pairs, we always sat down with them and discussed holidays at the beginning of their stay. Of course, a family wedding is not something they have control over re dates, etc. Makes no sense for you to be there twiddling your thumbs when they are away, and then had to pay double or treble for replacement when you are on hols. Recently we went to uk to look after grand-children, as short-term care is extortionatly expensive.

How long have you been with them.
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Old 29.01.2015, 22:47
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Re: Au Pair Query

For all those citing examples from normal employment law: it doesn't apply to people working in private households. (Or to farmers, teachers, several other industries and occupations.)
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Old 29.01.2015, 22:55
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Re: Au Pair Query

If they haven't specifically told you that those two weeks are forced vacation, I'd approach it with an "innocent" stance.

"Hey guys, just so we're clear - those two weeks you're away at the wedding are not part of my vacation, right? You know, since I didn't know about them before I agreed to the job and I don't have the chance to go with you..."

Doesn't hurt to see what they say.
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Old 30.01.2015, 12:29
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Re: Au Pair Query

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For all those citing examples from normal employment law: it doesn't apply to people working in private households. (Or to farmers, teachers, several other industries and occupations.)
Actually, it does. The exception is that certain industries are part of collective bargaining agreements ("GAV") or so-called normalized agreements ("NAV"), which might regulate individual points differently or regulate additional points. However, for the rest normal employment law applies.

There is a "Normalarbeitsvertrag" for house-hold employees but (i) it only regulates salary and not vacations and (ii) au-pairs are expressly excluded from its application.
http://www.admin.ch/opc/de/classifie...376/index.html
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