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Old 08.04.2021, 22:59
marcofbbr marcofbbr is offline
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Re: Freshly terminated

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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.
That's interesting . I will do some research about that. Perhaps you remember some keywords I could use with my friend google or some reference to any of the law?
Just in case....
Thanks

EDIT:
I found something interesting in this discussion (all pages):
https://www.englishforum.ch/employme...olidays-3.html

specifically:
the reference to this website(note that the URL provided in the above discussion is broken):
https://www.kmu.admin.ch/kmu/en/home...-contract.html

Termination of contract and balance of leave
Employees who still have leave to use up may ask to take this leave once termination has been announced. However, an employer who has decided to terminate the contract of one of its employees may not force them to take their leave and will sometimes need to pay compensation in cash.

EDIT 2:
This is the only reference I found regarding 1/3rd of the vacation... but it says also state a "rule of thumb".....which is quite vague :
https://www.ihk.ch/wirtschaft-politi...Cndigungsfrist

Last edited by marcofbbr; 09.04.2021 at 00:40.
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