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Old 26.03.2020, 21:18
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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!
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Old 26.03.2020, 21:36
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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!
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Old 26.03.2020, 21:36
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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.
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Old 26.03.2020, 21:48
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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.
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Old 26.03.2020, 21:54
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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.
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Old 26.03.2020, 22:09
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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
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Old 26.03.2020, 22:24
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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
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Old 27.03.2020, 05:28
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Re: My rights - employer forcing us to take holiday

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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?
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Old 26.03.2020, 22:16
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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.

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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
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Old 26.03.2020, 22:39
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Re: My rights - employer forcing us to take holiday

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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.
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Old 31.05.2021, 13:16
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Re: My rights - employer forcing us to take holiday

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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.
Almost all research shows that Working From Home means more hours spent working and increased physical, mental and emotional stress....not sure where the 50% holiday data comes from?
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Old 31.05.2021, 13:27
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Re: My rights - employer forcing us to take holiday

The 50% comes from one of the many people who think that Working from home means that they can just answer the emails which need immediate attention and attending meetings with the right people - those which show them in a good light, they then spend the rest of the time relaxing and doing their own thing because nobody can see and who cares the company are paying the salary regardless.

Its sickening for those of us that are working more than usual when Working from home!
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Old 27.03.2020, 06:50
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Re: My rights - employer forcing us to take holiday

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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!

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Old 27.03.2020, 07:37
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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.
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Old 27.03.2020, 10:56
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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/
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Old 27.03.2020, 11:20
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Re: My rights - employer forcing us to take holiday

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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...
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Old 26.03.2020, 22:27
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Re: My rights - employer forcing us to take holiday

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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 ?
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Old 26.03.2020, 22:31
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Re: My rights - employer forcing us to take holiday

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You don't have any windows ?
Haha it took me a minute to get your post
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Old 26.03.2020, 22:51
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Re: My rights - employer forcing us to take holiday

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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.
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Old 26.03.2020, 23:50
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Re: My rights - employer forcing us to take holiday

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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.
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