Go Back   English Forum Switzerland > Living in Switzerland > Daily life  
Reply
 
Thread Tools Display Modes
  #1  
Old 26.03.2020, 21:18
Newbie
 
Join Date: Mar 2020
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
SirWinksALot has no particular reputation at present
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!
Reply With Quote
  #2  
Old 26.03.2020, 21:36
Island Monkey's Avatar
Forum Legend
 
Join Date: Mar 2008
Location: Wallis
Posts: 3,958
Groaned at 69 Times in 38 Posts
Thanked 3,715 Times in 1,786 Posts
Island Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond reputeIsland Monkey has a reputation beyond repute
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!
Reply With Quote
The following 4 users would like to thank Island Monkey for this useful post:
  #3  
Old 26.03.2020, 21:36
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 22,517
Groaned at 566 Times in 433 Posts
Thanked 26,151 Times in 11,990 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
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.
Reply With Quote
  #4  
Old 26.03.2020, 21:48
HIAO's Avatar
Forum Veteran
 
Join Date: Jun 2011
Location: Bellevue
Posts: 1,117
Groaned at 6 Times in 5 Posts
Thanked 2,812 Times in 775 Posts
HIAO has a reputation beyond reputeHIAO has a reputation beyond reputeHIAO has a reputation beyond reputeHIAO has a reputation beyond reputeHIAO has a reputation beyond reputeHIAO has a reputation beyond repute
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.
Reply With Quote
The following 3 users would like to thank HIAO for this useful post:
  #5  
Old 26.03.2020, 21:54
gaburko's Avatar
Forum Veteran
 
Join Date: Oct 2011
Location: BL
Posts: 591
Groaned at 92 Times in 64 Posts
Thanked 1,350 Times in 530 Posts
gaburko has a reputation beyond reputegaburko has a reputation beyond reputegaburko has a reputation beyond reputegaburko has a reputation beyond reputegaburko has a reputation beyond repute
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.
Reply With Quote
This user would like to thank gaburko for this useful post:
  #6  
Old 26.03.2020, 22:09
Forum Veteran
 
Join Date: Jul 2009
Location: Horn/TG
Posts: 1,571
Groaned at 42 Times in 29 Posts
Thanked 694 Times in 507 Posts
blackbird has no particular reputation at present
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
Reply With Quote
This user would like to thank blackbird for this useful post:
  #7  
Old 26.03.2020, 22:16
Newbie
 
Join Date: Mar 2020
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
SirWinksALot has no particular reputation at present
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:
View Post
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.

Last edited by 3Wishes; 28.03.2020 at 21:56. Reason: merging consecutive replies
Reply With Quote
  #8  
Old 26.03.2020, 22:24
V__'s Avatar
V__ V__ is online now
Forum Veteran
 
Join Date: Aug 2010
Location: Lausanne
Posts: 882
Groaned at 102 Times in 67 Posts
Thanked 725 Times in 365 Posts
V__ has an excellent reputationV__ has an excellent reputationV__ has an excellent reputationV__ has an excellent reputation
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
Reply With Quote
The following 2 users would like to thank V__ for this useful post:
  #9  
Old 26.03.2020, 22:27
Newbie
 
Join Date: Mar 2020
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
SirWinksALot has no particular reputation at present
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
Fantastic, thank you! And yes, my French is way better than my German anyways
Reply With Quote
  #10  
Old 26.03.2020, 22:27
cannut's Avatar
Forum Legend
 
Join Date: Jul 2008
Location: canada
Posts: 6,844
Groaned at 180 Times in 140 Posts
Thanked 6,050 Times in 3,325 Posts
cannut has a reputation beyond reputecannut has a reputation beyond reputecannut has a reputation beyond reputecannut has a reputation beyond reputecannut has a reputation beyond reputecannut has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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 ?
Reply With Quote
The following 2 users would like to thank cannut for this useful post:
  #11  
Old 26.03.2020, 22:31
Newbie
 
Join Date: Mar 2020
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
SirWinksALot has no particular reputation at present
Re: My rights - employer forcing us to take holiday

Quote:
View Post
You don't have any windows ?
Haha it took me a minute to get your post
Reply With Quote
  #12  
Old 26.03.2020, 22:39
Murloc's Avatar
Senior Member
 
Join Date: Aug 2010
Location: Bern
Posts: 307
Groaned at 2 Times in 2 Posts
Thanked 293 Times in 161 Posts
Murloc is considered knowledgeableMurloc is considered knowledgeableMurloc is considered knowledgeable
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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.
Reply With Quote
The following 2 users would like to thank Murloc for this useful post:
  #13  
Old 26.03.2020, 22:51
Forum Legend
 
Join Date: Jun 2008
Location: Zurich
Posts: 7,354
Groaned at 263 Times in 199 Posts
Thanked 16,231 Times in 5,708 Posts
k_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond reputek_and_e has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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.
Reply With Quote
  #14  
Old 26.03.2020, 23:50
Junior Member
 
Join Date: Jun 2012
Location: Zurich
Posts: 60
Groaned at 0 Times in 0 Posts
Thanked 39 Times in 24 Posts
koahiatamadl has earned some respectkoahiatamadl has earned some respect
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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.
Reply With Quote
This user would like to thank koahiatamadl for this useful post:
  #15  
Old 27.03.2020, 00:15
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 10,564
Groaned at 165 Times in 138 Posts
Thanked 11,794 Times in 6,196 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
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?
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:
View Post
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?"
__________________
never ever make assumptions
Reply With Quote
  #16  
Old 27.03.2020, 05:28
kri's Avatar
kri kri is offline
Forum Veteran
 
Join Date: Nov 2007
Location: Currently not in Switzerland
Posts: 1,172
Groaned at 11 Times in 11 Posts
Thanked 782 Times in 434 Posts
kri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond reputekri has a reputation beyond repute
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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?
Reply With Quote
  #17  
Old 27.03.2020, 06:44
Pachyderm's Avatar
Forum Veteran
 
Join Date: Feb 2012
Location: Zurich
Posts: 1,233
Groaned at 61 Times in 41 Posts
Thanked 2,579 Times in 911 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
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.
Reply With Quote
The following 2 users would like to thank Pachyderm for this useful post:
  #18  
Old 27.03.2020, 06:50
omtatsat's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Back O' Bourke
Posts: 10,079
Groaned at 1,917 Times in 1,044 Posts
Thanked 4,672 Times in 2,970 Posts
omtatsat is considered unworthyomtatsat is considered unworthyomtatsat is considered unworthyomtatsat is considered unworthy
Re: My rights - employer forcing us to take holiday

Quote:
View Post
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!

Name:  El1qn8LC4DL8Lu4GR3Mms5.jpg
Views: 760
Size:  103.3 KB
Reply With Quote
  #19  
Old 27.03.2020, 07:37
Forum Veteran
 
Join Date: Nov 2007
Location: Vaud
Posts: 790
Groaned at 83 Times in 40 Posts
Thanked 328 Times in 179 Posts
markalex is considered knowledgeablemarkalex is considered knowledgeablemarkalex is considered knowledgeable
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

Last edited by markalex; 27.03.2020 at 07:54.
Reply With Quote
This user would like to thank markalex for this useful post:
  #20  
Old 27.03.2020, 09:17
Newbie
 
Join Date: Mar 2020
Location: Zurich
Posts: 9
Groaned at 0 Times in 0 Posts
Thanked 4 Times in 3 Posts
SirWinksALot has no particular reputation at present
Re: My rights - employer forcing us to take holiday

Quote:
View Post
Could it be you peculated an important information - in fact the most important one? The remaining holidays of last year, for example?
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.
Reply With Quote
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 14:23.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2020, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0