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Old 17.10.2010, 11:16
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Part-time entitled to paid holidays?

My wife has been working 50% at a practice for years on a turnover-basis: she earns a flat percentage of the work she does on patients. The practice owner also pays into her 2nd pillar and AHV. She has never received any paid vacation. Question: is this legal? Is she not entitled to some paid vacation? Anyone have experience in this area?
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Old 17.10.2010, 11:22
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Re: Part-time entitled to paid holidays?

Unless it says in her contract something about not getting vacation time (which I doubt) then yes it would be illegal. All workers are entitled to a minimum of 4 weeks (paid) time off even it working only 50%. If for example a worker only works 4 hours a day 5 days a week they would still be allotted the 16 (half days) off (not half of 16 days).

After re-reading it I'm not sure I understand her work status, is she paid an hourly wage or on a per job basis in which case she probably gets no vacation as she's working like a self employed person (ie: subcontractor).
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Old 17.10.2010, 11:35
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Re: Part-time entitled to paid holidays?

well if her employer is paying her 2nd pillar and AHV she doesn't sound self employed to me. I am self employed and pay my own AHV and get no holiday entitlements.
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Old 17.10.2010, 11:53
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Re: Part-time entitled to paid holidays?

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Unless it says in her contract something about not getting vacation time (which I doubt) then yes it would be illegal. All workers are entitled to a minimum of 4 weeks (paid) time off even it working only 50%. If for example a worker only works 4 hours a day 5 days a week they would still be allotted the 16 (half days) off (not half of 16 days).

After re-reading it I'm not sure I understand her work status, is she paid an hourly wage or on a per job basis in which case she probably gets no vacation as she's working like a self employed person (ie: subcontractor).
She is paid like a subcontractor: she gets a percentage of her turnover. Yet the practice owner pays her social fees. And she has no paid vacation. It sounds kind of funny to me, we never questioned it before. She works 50%.
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Old 17.10.2010, 12:31
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Re: Part-time entitled to paid holidays?

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She is paid like a subcontractor: she gets a percentage of her turnover. Yet the practice owner pays her social fees. And she has no paid vacation. It sounds kind of funny to me, we never questioned it before. She works 50%.
Ask yourself questions such as how does she get paid? Does she present an invoice which is paid in full or is some sort of salary statement issued? How are the social fees deducted ?
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Old 17.10.2010, 14:37
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Re: Part-time entitled to paid holidays?

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Ask yourself questions such as how does she get paid? Does she present an invoice which is paid in full or is some sort of salary statement issued? How are the social fees deducted ?
The practice works on a standardized point system where a certain number of points are assigned for each specific procedure. The points are added up and multiplied by a constant to yield francs. This is paid out as a standard paycheck with social costs deducted. It's actually directly transferred to her account and she receives a pay stub in the mail.
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Old 17.10.2010, 14:37
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Re: Part-time entitled to paid holidays?

I once had a part time job and the vacation was included as part of the hourly wage. Something like 7.7% (equivalent to 4 weeks out of 52). So there was a base hourly salary plus 7.7% for vacation = gross hourly wage.
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Old 17.10.2010, 14:44
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Re: Part-time entitled to paid holidays?

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The practice works on a standardized point system where a certain number of points are assigned for each specific procedure. The points are added up and multiplied by a constant to yield francs. This is paid out as a standard paycheck with social costs deducted. It's actually directly transferred to her account and she receives a pay stub in the mail.
She's employed then. Check the contract for holiday details - she may be compensated in lieu of holidays - possibly illegally - but more likely is entitled to paid holiday.
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Old 30.07.2016, 13:20
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Re: Part-time entitled to paid holidays?

If I worked 39 weeks in a year, 18-20 hours/week, how many days am I entitled to paid holidays?
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Old 31.07.2016, 13:47
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Re: Part-time entitled to paid holidays?

@Riana22
first thing: what does it say in your employment contract?
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Old 31.07.2016, 13:57
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Re: Part-time entitled to paid holidays?

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If I worked 39 weeks in a year, 18-20 hours/week, how many days am I entitled to paid holidays?
39/52 multiplied by the FTE.
if 18 or 20, then your FTE is approx. 50%.

this is assuming that you are salaried. if you are hourly paid then it is dependent on the hours worked.
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Old 31.07.2016, 14:04
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Re: Part-time entitled to paid holidays?

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If I worked 39 weeks in a year, 18-20 hours/week, how many days am I entitled to paid holidays?
Holiday pay accrues at the rate of 8.33% for most people (4 weeks a year full time), so 8.33% of your hours worked over the year unless your paid an extra 8.33% in lieu of holidays.
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Old 01.08.2016, 13:30
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Re: Part-time entitled to paid holidays?

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@Riana22
first thing: what does it say in your employment contract?
I am hourly paid. 17 hrs/week for 1 client. Up to 40 hours/week in total accumulated from other clients, as well.

Is it legal they give me only 1 week paid holidays in a case of 17 hrs/week?
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Old 02.08.2016, 01:21
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Re: Part-time entitled to paid holidays?

What does it say in your contract?
And on your pay-slips, is vacation pay specified as a separate amount on top of your hourly rate?
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Old 02.08.2016, 01:31
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Re: Part-time entitled to paid holidays?

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I once had a part time job and the vacation was included as part of the hourly wage. Something like 7.7% (equivalent to 4 weeks out of 52). So there was a base hourly salary plus 7.7% for vacation = gross hourly wage.
That should have been 8.33%
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Old 02.08.2016, 01:45
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Re: Part-time entitled to paid holidays?

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I am hourly paid. 17 hrs/week for 1 client. Up to 40 hours/week in total accumulated from other clients, as well.

Is it legal they give me only 1 week paid holidays in a case of 17 hrs/week?
If the 8.33% are not payed out (separatly shown on the statement) then you get four weeks holiday. Ofcourse each holiday-week is only worth the money of 17 hours a week in this example. You get 20 days a year but ofcourse one day is only worth 3.4 hours in this example provided you work 5 days a week.

Meaning you get 4 weeks holiday but the price they pay for those is - ofcourse - the same they pay when you work.
They can not just count the days you need to have the hours of a 100% employment and then tell you you got that many holidays a year.

The only way to prevent you from being away four weeks a year is to pay the 8.33%/hour regularly.
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Old 02.08.2016, 09:56
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Re: Part-time entitled to paid holidays?

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If I worked 39 weeks in a year, 18-20 hours/week, how many days am I entitled to paid holidays?
Number of days off is independent of hours worked.

By law you're owed four weeks holiday. So if you work 3 1/2 hours per workday on average, you're owed four weeks of 3.5-hours workdays. Since you worked 39 weeks of 52, you're owed three weeks of x-hours workdays, where "x" stands for the typical hours worked per workday.

However, with hourly pay the holidays are very often included in the hourly rate. IIRC it has to be an individual item on your "Lohnabrechnung", as curley said something like "8.33% holiday Pauschale". See here for an example in German.
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Old 02.08.2016, 21:36
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Re: Part-time entitled to paid holidays?

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What does it say in your contract?
And on your pay-slips, is vacation pay specified as a separate amount on top of your hourly rate?

Yes, holidays pay is marked separately.
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