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Old 21.09.2020, 21:07
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Re: Vacation Accrual

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Hi,
I have a similar question. There are a lot of threads, so I am thoroughly confused.

I have about 50 days of accrued vacations. I also have 3 months of notice period. If I resign, what are my scenarios?

Does that mean, the company can force me to take holidays during my notice period and not pay out extra for the accumulated holidays?

Assume my company will probably do the least required by law.
The responsibility of the employee and employer is to fully utilise your vacation entitlement during the year.

In *most situation, vacation cannot be forfeit, and if it is not possible to utilise the vacation days before the end of employment, this is the only situation where an outstanding balance is due to be paid to the departing employee.

During garden leave, the employer can ask the employee to take their vacation balance. However, Swiss labour courts take the position that during garden leave, the employee is required to focus on finding a new job, and is therefore unlikely to be taking much vacation.

For this reason, a legal ruling judged that employers should not ask an employee to take more than 1/3rd of the total working days (during their garden leave) as vacation.

* most? If an employer can evidence that they repeatedly ask, and creates an environment where it is reasonably possible for all staff to take all their vacation, then they can forfeit untaken vacation that is older than 5 years.
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