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-   -   My rights - employer forcing us to take holiday (https://www.englishforum.ch/daily-life/297414-my-rights-employer-forcing-us-take-holiday.html)

SirWinksALot 26.03.2020 21:18

My rights - employer forcing us to take holiday
 
Hi peeps! I have an issue with my employer. We were recently told that we have to take all our remaining holiday before end of June. I personally have a lot of holiday left as I was planning a month long trip and I really don't want to a) be away from the business in this crisis and b) stay at home for a month looking at the wall. A friend told me taht the employer has to give some notice before forcing you to take holiday, but this still doesn't seem fair. And just to add, I am aware that we should all be accomodating and flexible, however this would be really shit. Does anyone know what are my rights and can my employer do this? Thank you!

Island Monkey 26.03.2020 21:36

Re: My rights - employer forcing us to take holiday
 
Has your employer said why? Could it be because there is little work now due to the virus situation and they will need you later in the year instead? Trust me, sounds like a better option than being out of work, which is where I am right now!

Guest 26.03.2020 21:36

Re: My rights - employer forcing us to take holiday
 
A very difficult situation with employers now- so the only alternative may be to lose your job. It's tough out there at the mo for all, employers and therefore, employees.

HIAO 26.03.2020 21:48

Re: My rights - employer forcing us to take holiday
 
The employer is obliged to give reasonable notice and be able to show objective reasons for their decision.

It should also be applied evenly across the organisation, with objective reasons for any exceptions.

Reasonable notice varies, a week to ten days is a minimum to help staff organize themselves.

Employee on vacation may not be asked to work during their vacation.

Itís miserable to be asked to take a vacation when thereís no chance to enjoy time off, or travel. Itís also possibly unlawful to expect a full year entitlement to be taken by June. Are you sure itís not the vacation accrued up to end of June?

It might be better than the alternative measures being taken by some employers.

gaburko 26.03.2020 21:54

Re: My rights - employer forcing us to take holiday
 
Same here and I fully see the rationale of the employers. the forced work from home is practically 50% holiday anyway and for the employers to at least partially compensate for paying you fully today you will have to give something extra later. Think of it this way: your employers is fully entitled to sack you today but has decided to keep you and keep on paying.

blackbird 26.03.2020 22:09

Re: My rights - employer forcing us to take holiday
 
If your employer forces you into holiday, he must give you 2 months notice in advance.

You must have 2 weeks holiday once in a row per year

SirWinksALot 26.03.2020 22:16

Thanks all for your replies and for confirming. I understand why they want to do this and agree that it's way better than unemployment, I just can't imagine doing this after almost a year of intense work and no break. The issue is also the fact that (some) employers might want to take advantage of the situation and they know full well that no one will say anything for fear of losing their job. Oh well, onwards and upwards.

Quote:

Originally Posted by blackbird (Post 3163836)
If your employer forces you into holiday, he must give you 2 months notice in advance.

You must have 2 weeks holiday once in a row per year

Is that correct? And does this need to be in writing or verbally would suffice?

Thank you for clarifying. To explain, the vacation days I woukd need to take are accumulated in this financial year plus some days from the previous one.

V__ 26.03.2020 22:24

Re: My rights - employer forcing us to take holiday
 
Do you speak French? Exact same question was answered by a lawyer in today's paper

https://m.24heures.ch/articles/13883495

SirWinksALot 26.03.2020 22:27

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by V__ (Post 3163841)
Do you speak French? Exact same question was answered by a lawyer in today's paper

https://m.24heures.ch/articles/13883495

Fantastic, thank you! And yes, my French is way better than my German anyways :)

cannut 26.03.2020 22:27

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by SirWinksALot (Post 3163818)
Hi peeps! I have an issue with my employer. We were recently told that we have to take all our remaining holiday before end of June. I personally have a lot of holiday left as I was planning a month long trip and I really don't want to a) be away from the business in this crisis and b) stay at home for a month looking at the wall. A friend told me taht the employer has to give some notice before forcing you to take holiday, but this still doesn't seem fair. And just to add, I am aware that we should all be accomodating and flexible, however this would be really shit. Does anyone know what are my rights and can my employer do this? Thank you!


You don't have any windows ?

SirWinksALot 26.03.2020 22:31

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by cannut (Post 3163843)
You don't have any windows ?

Haha it took me a minute to get your post ;)

Murloc 26.03.2020 22:39

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by gaburko (Post 3163831)
Same here and I fully see the rationale of the employers. the forced work from home is practically 50% holiday anyway and for the employers to at least partially compensate for paying you fully today you will have to give something extra later. Think of it this way: your employers is fully entitled to sack you today but has decided to keep you and keep on paying.

how is work from home 50% holiday exactly?

Anyway if there is not enough to do to keep the employees busy, kurzarbeit is also a possibility.

k_and_e 26.03.2020 22:51

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by SirWinksALot (Post 3163818)
Hi peeps! I have an issue with my employer. We were recently told that we have to take all our remaining holiday before end of June. I personally have a lot of holiday left as I was planning a month long trip and I really don't want to a) be away from the business in this crisis and b) stay at home for a month looking at the wall. A friend told me taht the employer has to give some notice before forcing you to take holiday, but this still doesn't seem fair. And just to add, I am aware that we should all be accomodating and flexible, however this would be really shit. Does anyone know what are my rights and can my employer do this? Thank you!

If all companies would do that, then nobody will have holiday left after June and the tourist sector will be screwed even more.

koahiatamadl 26.03.2020 23:50

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by k_and_e (Post 3163853)
If all companies would do that, then nobody will have holiday left after June and the tourist sector will be screwed even more.

Alas it is not your employerís job to save the tourism sector, they have their own businesses to save. And this is preferable to Kurzarbeit because people get paid their full salaries. And a lot of companies are doing it.

We are coming to the end of what is our busy period so there is work but it is getting less. It is also more and more work that less experienced people simply canít do, at least not if weíre all working from home trying to train people remotely. So we were told that anybody who has work should do it without working overtime. Those who donít have work are to reduce their overtime balances (below Kader) and then vacation balances, in that order. We are even encouraged to go into negative overtime and vacation up to predetermined limits. Recognising that Kader level peeps are more likely to have enough work for a while the Kader is expected to use up all accrued vacation by the end of September. Turns out I have not been taking enough vacation the last couple of years and have 7 weeks to take....I can see a lot of DIY, yoga and sewing in my future.

curley 27.03.2020 00:15

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by SirWinksALot (Post 3163818)
Hi peeps! I have an issue with my employer. We were recently told that we have to take all our remaining holiday before end of June. I personally have a lot of holiday left as I was planning a month long trip and I really don't want to a) be away from the business in this crisis and b) stay at home for a month looking at the wall. A friend told me taht the employer has to give some notice before forcing you to take holiday, but this still doesn't seem fair. And just to add, I am aware that we should all be accomodating and flexible, however this would be really shit. Does anyone know what are my rights and can my employer do this? Thank you!

Could it be you peculated an important information - in fact the most important one? The remaining holidays of last year, for example? :msnsarcastic:
a) your boss doesn't know how much remaining holidays you have for 2020 as you might not work there anymore in a few months. ;)
b) your boss is absolutely entitled to demand using up "old" holidays and by end of June is actually generous.

Your other post supports my suspicion:

Quote:

Originally Posted by SirWinksALot (Post 3163837)
Thanks all for your replies and for confirming. I understand why they want to do this and agree that it's way better than unemployment, I just can't imagine doing this after almost a year of intense work and no break. The issue is also the fact that (some) employers might want to take advantage of the situation and they know full well that no one will say anything for fear of losing their job. Oh well, onwards and upwards.

In March?!

I find it strange when people ask questions, leaving out major parts of information, get wrong answers (well, correct ones actually but not to the situation only to the question).
What's the aim? "Wanna make a fool of myself, let me got some back up for that on a forum?"

kri 27.03.2020 05:28

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by blackbird (Post 3163836)
If your employer forces you into holiday, he must give you 2 months notice in advance.

You must have 2 weeks holiday once in a row per year

Are you sure this is a legal requirement versus possibly practice at your place of work?

Pachyderm 27.03.2020 06:44

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by SirWinksALot (Post 3163818)
Hi peeps! I have an issue with my employer. We were recently told that we have to take all our remaining holiday before end of June. I personally have a lot of holiday left as I was planning a month long trip and I really don't want to a) be away from the business in this crisis and b) stay at home for a month looking at the wall. A friend told me taht the employer has to give some notice before forcing you to take holiday, but this still doesn't seem fair. And just to add, I am aware that we should all be accomodating and flexible, however this would be really shit. Does anyone know what are my rights and can my employer do this? Thank you!

On the one hand you "don’t 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 doesn’t really add up. What’s 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 it’s 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 you’re 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 we’re all making sacrifices of one sort or another. Your boss is asking you to share some of the burden to help save the business.

omtatsat 27.03.2020 06:50

Re: My rights - employer forcing us to take holiday
 
1 Attachment(s)
Quote:

A very difficult situation with employers now- so the only alternative may be to lose your job. It's tough out there at the mo for all, employers and therefore, employees.
Yes. Like Roche CH quit someone because he said the people on the building site are working in cramped conditions! :msnmad:

Attachment 139047

markalex 27.03.2020 07:37

Re: My rights - employer forcing us to take holiday
 
Your employer can get you signed up for something called technical chomage. That means you earn 70% of your salary, but don't work. It is a measure for coronvirus-19 thing.

All the local schools here who have had to close have signed the teaching staff into it.

As I understand it, you don't have to look for a job or anything, it is a stop gap thing the Swiss Government are doing to help companies during the pandemic.

https://droit-finances.commentcamarc...ion-et-covid19

SirWinksALot 27.03.2020 09:17

Re: My rights - employer forcing us to take holiday
 
Quote:

Originally Posted by curley (Post 3163874)
Could it be you peculated an important information - in fact the most important one? The remaining holidays of last year, for example? :msnsarcastic:
a) your boss doesn't know how much remaining holidays you have for 2020 as you might not work there anymore in a few months. ;)
b) your boss is absolutely entitled to demand using up "old" holidays and by end of June is actually generous.

Your other post supports my suspicion:


In March?!

I find it strange when people ask questions, leaving out major parts of information, get wrong answers (well, correct ones actually but not to the situation only to the question).
What's the aim? "Wanna make a fool of myself, let me got some back up for that on a forum?"

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.


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