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Old 08.04.2021, 22:47
hoover1 hoover1 is offline
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Re: Freshly terminated

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During garden leave, Swiss employment law is predicated on an expectation that the employee is focussed on job hunting rather than taking a holiday.

Swiss case law has established that an employer cannot oblige the leaver to utilize more than 1/3rd of the working days during garden leave as vacation. The employer is obliged to pay the balance of days with your final salary.

Not every employer understands this and you could respectfully assert your right by inviting your HR colleagues to check with their legal advisor.

Worth taking a screen print of your outstanding holiday entitlement, and any emails that you’ve sent, in case of later dispute.

Worth understanding how many people are losing their jobs in this restructure. Swiss labour law is quite precise about the employer obligations to report, and create a social plan when certain headcount reduction thresholds are met.
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Yes, to the point here - after 12months employment OP has 3-months termination which contractual is okay however likely it's disputable whenever he may be requested to take his 25-days holidays in this period or not I think - taking into account legal minimum is 1-month .
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