Go Back   English Forum Switzerland > Living in Switzerland > Daily life  
Reply
 
Thread Tools Display Modes
  #21  
Old 27.03.2020, 09:21
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 11,072
Groaned at 364 Times in 305 Posts
Thanked 13,917 Times in 6,491 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Ouch I struck a cord there, haven't I? I will refrain from further comment. Feel free to not give your wisdom on this thread.

Rather it struck a cord with you?
Reply With Quote
This user would like to thank roegner for this useful post:
  #22  
Old 27.03.2020, 09:23
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 29
Groaned at 1 Time in 1 Post
Thanked 22 Times in 13 Posts
SirWinksALot has earned some respectSirWinksALot has earned some respect
Quote:
View Post
On the one hand you "donít want to be away from the business in this crisis" but on the other hand there is clearly no work to do if your boss is asking you all to take outstanding holiday. This doesnít really add up. Whatís the nature of the business?

Think of it from the boss's perspective. That the business is essentially closed down for 2 or 3 months due to the pandemic, then once it starts up again, and itís all hands on deck, people want to take time off for their summer holidays.

It might seem galling to be asked to take holiday while the business is semi-locked down but at least youíre on full pay. The alternative could be worse.

But at a minimum, you could try to reason with your boss and agree to meet him halfway e.g. take last year's outstanding holiday now, but preserve at least some of the current year for later.

These are extraordinary times, and weíre all making sacrifices of one sort or another. Your boss is asking you to share some of the burden to help save the business.
I agree, both parties need to compromise, I guess that is what I will focus on. The nature of the business allows for quick retraining and reprofiling, hence me wanting to be close by, as now is the time to grab those opportunities.

Quote:
View Post
Rather it struck a cord with you?
Yes, rather

Last edited by 3Wishes; 28.03.2020 at 21:58. Reason: merging consecutive replies
Reply With Quote
This user would like to thank SirWinksALot for this useful post:
  #23  
Old 27.03.2020, 09:46
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 12,648
Groaned at 206 Times in 171 Posts
Thanked 14,465 Times in 7,475 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Ouch I struck a cord there, haven't I? I will refrain from further comment. Feel free to not give your wisdom on this thread.
LOL. And that means what? The subject is the 2019 holidays or not?

Last edited by curley; 27.03.2020 at 10:43.
Reply With Quote
  #24  
Old 27.03.2020, 10:19
Guest
 
Posts: n/a
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Do you speak French? Exact same question was answered by a lawyer in today's paper

https://m.24heures.ch/articles/13883495
behind pay wall- so could you kindly give the gist? Thanks.
Reply With Quote
This user would like to thank for this useful post:
  #25  
Old 27.03.2020, 10:42
Forum Veteran
 
Join Date: Jul 2009
Location: Horn/TG
Posts: 1,802
Groaned at 45 Times in 32 Posts
Thanked 900 Times in 611 Posts
blackbird is considered knowledgeableblackbird is considered knowledgeableblackbird is considered knowledgeable
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Are you sure this is a legal requirement versus possibly practice at your place of work?
I am shure.

https://www.srf.ch/sendungen/kassens...erien-anordnen
Reply With Quote
The following 4 users would like to thank blackbird for this useful post:
  #26  
Old 27.03.2020, 10:51
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 12,648
Groaned at 206 Times in 171 Posts
Thanked 14,465 Times in 7,475 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

I read 3 months somewhere but I trust Gabriela Baumgartner more than that source.

Last year's holidays are usually - specially in big companies - to be taken by a certain time. With one of my employers it was April.

As OP was told their holidays must be taken by June, the two month's advance warning rule is kept.
Reply With Quote
This user would like to thank curley for this useful post:
  #27  
Old 27.03.2020, 10:56
Forum Veteran
 
Join Date: Apr 2012
Location: Bern
Posts: 1,798
Groaned at 287 Times in 179 Posts
Thanked 3,580 Times in 1,277 Posts
Susie-Q has a reputation beyond reputeSusie-Q has a reputation beyond reputeSusie-Q has a reputation beyond reputeSusie-Q has a reputation beyond reputeSusie-Q has a reputation beyond reputeSusie-Q has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Apologies, I didn't have the time to read through all the answers, but this was discussed on the Switzerland subreddit and it is not actually legal according to an employment attorney, please find the link here:

https://www.reddit.com/r/Switzerland...take_holidays/
Reply With Quote
This user would like to thank Susie-Q for this useful post:
  #28  
Old 27.03.2020, 11:20
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 29
Groaned at 1 Time in 1 Post
Thanked 22 Times in 13 Posts
SirWinksALot has earned some respectSirWinksALot has earned some respect
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Apologies, I didn't have the time to read through all the answers, but this was discussed on the Switzerland subreddit and it is not actually legal according to an employment attorney, please find the link here:

https://www.reddit.com/r/Switzerland...take_holidays/
Thanks, will follow that thread as well. I guess many people are asking this question right now...
Reply With Quote
This user would like to thank SirWinksALot for this useful post:
  #29  
Old 27.03.2020, 11:58
Forum Veteran
 
Join Date: Jul 2009
Location: Horn/TG
Posts: 1,802
Groaned at 45 Times in 32 Posts
Thanked 900 Times in 611 Posts
blackbird is considered knowledgeableblackbird is considered knowledgeableblackbird is considered knowledgeable
Re: My rights - employer forcing us to take holiday

Quote:
View Post
I read 3 months somewhere but I trust Gabriela Baumgartner more than that source.

Last year's holidays are usually - specially in big companies - to be taken by a certain time. With one of my employers it was April.

As OP was told their holidays must be taken by June, the two month's advance warning rule is kept.
Usually here in switzerland the holidys from last year have to be taken by March the following year(depends on the employer).
When there is still holidays (or Overtime) left , the employer can`t apply for the funds of the goverment that support suffering businesses in these crises.
Reply With Quote
The following 2 users would like to thank blackbird for this useful post:
  #30  
Old 27.03.2020, 12:37
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 29
Groaned at 1 Time in 1 Post
Thanked 22 Times in 13 Posts
SirWinksALot has earned some respectSirWinksALot has earned some respect
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Usually here in switzerland the holidys from last year have to be taken by March the following year(depends on the employer).
When there is still holidays (or Overtime) left , the employer can`t apply for the funds of the goverment that support suffering businesses in these crises.
Ok this makes sense then, I wasn't aware of this rule. They might ask us all to take all our holiday now in case they need to apply for the governmeny funds afterwards.

The March deadline doesn't apply to my workplace.
Reply With Quote
  #31  
Old 27.03.2020, 13:06
Guest
 
Posts: n/a
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Usually here in switzerland the holidys from last year have to be taken by March the following year(depends on the employer).
When there is still holidays (or Overtime) left , the employer can`t apply for the funds of the goverment that support suffering businesses in these crises.
Same in many companies in the UK- my sil has just had to 'lose' 3 weeks holiday because of this.
Reply With Quote
This user would like to thank for this useful post:
  #32  
Old 27.03.2020, 13:27
VFR on top's Avatar
Forum Veteran
 
Join Date: Jul 2014
Location: Used to be Basel.
Posts: 1,126
Groaned at 34 Times in 24 Posts
Thanked 2,488 Times in 925 Posts
VFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond reputeVFR on top has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Funny thread.

Force Majuere


Don't be surprised when this word starts getting used more and more in counter to your argument, "they can' do that."
Reply With Quote
The following 2 users would like to thank VFR on top for this useful post:
  #33  
Old 27.03.2020, 15:03
Senior Member
 
Join Date: Jan 2010
Location: La Cote
Posts: 382
Groaned at 18 Times in 8 Posts
Thanked 307 Times in 147 Posts
Nyonais has made some interesting contributions
Re: My rights - employer forcing us to take holiday

Having lost my job twice in the last 10 years in Switzerland and being exposed to the vagaries of being an independent Consultant for the past 7 years, what wouldn't I give to be in the shoes of the OP!!
Reply With Quote
The following 7 users would like to thank Nyonais for this useful post:
  #34  
Old 27.03.2020, 20:40
Member
 
Join Date: May 2009
Location: Zug
Posts: 146
Groaned at 10 Times in 6 Posts
Thanked 136 Times in 68 Posts
localresident has made some interesting contributions
Re: My rights - employer forcing us to take holiday

The majority of the world's population would probably agree that having to spend a vacation in a chalet in the Swiss mountains is not a violation of human rights. Go diving in the Maldives next year and enjoy a couple of bottles of Petite Arvine in the garden of your rented chalet. Having this choice is an enormous privilege !
Reply With Quote
The following 4 users would like to thank localresident for this useful post:
  #35  
Old 27.03.2020, 23:52
Forum Veteran
 
Join Date: Nov 2011
Location: Zurich
Posts: 867
Groaned at 16 Times in 14 Posts
Thanked 351 Times in 240 Posts
minimimi is considered knowledgeableminimimi is considered knowledgeableminimimi is considered knowledgeable
Re: My rights - employer forcing us to take holiday

Having participated in a legal workshop recently my understading is:

- your employee can force you to take your pre-planned holiday
- if not planned beforehand, the employee has to inform you are least three months in advance if the holiday is forced upon you
Reply With Quote
This user would like to thank minimimi for this useful post:
  #36  
Old 28.03.2020, 10:00
Guest
 
Posts: n/a
Re: My rights - employer forcing us to take holiday

I am sorry minimmi- do you mean employee (worker) or employer (boss)?

In extreme circumstances as we have currently- the Law is one thing- the reality another. If asking employees to take holidays now means the company or business won't go bankrupt- then it makes sense- whatever the Law says. The key for the employee/poster is not to lose their job ...If the business goes 'tits up' = job lost. And if the business has to cut down the number of employees due to crisis = job lost for those who were not supportive during the crisis = job lost.

It's a bit like being 'right' at a traffic light or cross road- I'd rather be alive than right and dead.

Last edited by Odile; 28.03.2020 at 17:48.
Reply With Quote
The following 3 users would like to thank for this useful post:
  #37  
Old 28.03.2020, 17:33
Newbie 1st class
 
Join Date: Mar 2020
Location: Zurich
Posts: 29
Groaned at 1 Time in 1 Post
Thanked 22 Times in 13 Posts
SirWinksALot has earned some respectSirWinksALot has earned some respect
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Having participated in a legal workshop recently my understading is:

- your employee can force you to take your pre-planned holiday
- if not planned beforehand, the employee has to inform you are least three months in advance if the holiday is forced upon you
Ok, understood. I presume you mean "employer". Thank you answering my question
Reply With Quote
  #38  
Old 08.04.2020, 22:55
Forum Veteran
 
Join Date: Nov 2011
Location: Zurich
Posts: 867
Groaned at 16 Times in 14 Posts
Thanked 351 Times in 240 Posts
minimimi is considered knowledgeableminimimi is considered knowledgeableminimimi is considered knowledgeable
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Ok, understood. I presume you mean "employer". Thank you answering my question
yes, employer
Reply With Quote
This user would like to thank minimimi for this useful post:
  #39  
Old 08.04.2020, 23:29
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 7,783
Groaned at 89 Times in 70 Posts
Thanked 11,923 Times in 4,840 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
In extreme circumstances as we have currently- the Law is one thing- the reality another. If asking employees to take holidays now means the company or business won't go bankrupt- then it makes sense- whatever the Law says. The key for the employee/poster is not to lose their job ...If the business goes 'tits up' = job lost. And if the business has to cut down the number of employees due to crisis = job lost for those who were not supportive during the crisis = job lost.

It's a bit like being 'right' at a traffic light or cross road- I'd rather be alive than right and dead.
Yes. This.

Long ago we learnt:
Here lies the body of John O'Gray
Who died maintaining his Right Of Way.
His right was clear,
His will was strong,
But he's just as dead as if he'd been wrong.
Reply With Quote
This user would like to thank doropfiz for this useful post:
  #40  
Old 08.04.2020, 23:42
Pachyderm's Avatar
Forum Veteran
 
Join Date: Feb 2012
Location: Zurich
Posts: 1,483
Groaned at 73 Times in 52 Posts
Thanked 3,234 Times in 1,106 Posts
Pachyderm has a reputation beyond reputePachyderm has a reputation beyond reputePachyderm has a reputation beyond reputePachyderm has a reputation beyond reputePachyderm has a reputation beyond reputePachyderm has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Yes. This.

Long ago we learnt:
Here lies the body of John O'Gray
Who died maintaining his Right Of Way.
His right was clear,
His will was strong,
But he's just as dead as if he'd been wrong.
That's a new one on me, so thanks. I've a feeling I may use that. Or at least think about it in certain situations.

I often share this sentiment when I hear about interminable legal proceedings between neighbours, usually about trivial issues like a tree that's overhanging the other one's fence, or a wall that's been built a couple of inches across the boundary. Usually they both have legal bills in 6 figures but both claim that "it was all worth it" as it was a point of principle. Bah! Sometimes you have to let your head rule your heart. Life's too short.
Reply With Quote
This user would like to thank Pachyderm for this useful post:
Reply

Tags
coronavirus, employee rights




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
My rights when my employer changes my office SwissL Employment 5 06.11.2019 12:47
Betreibung removal... any way of forcing it? Chuff Finance/banking/taxation 10 08.07.2016 21:09
Employer have rights to pre-employment medical history? JourneyMan Family matters/health 8 09.02.2013 10:14
RAV forcing you to take a job Guest Employment 56 31.10.2012 18:41
Holiday Rights Terry1987 Employment 6 22.09.2012 16:29


All times are GMT +2. The time now is 18:04.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0