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Old 13.01.2011, 16:20
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Vacation compensation

I'm checking to see if anyone knows the Swiss law on this one. I was forced to leave my job from one day to the next and had nearly a month of vacation leave left. As per Swiss law, I am getting the two months pay, but do they legally also have to give me the money for my remaining vacation days since I never got a chance to use them? Thanks for any help you can provide!
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Old 13.01.2011, 16:22
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Re: Vacation compensation

AFAIK, yes.
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Old 13.01.2011, 16:54
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Re: Vacation compensation

AFAIK, no!

The one month holiday is shorter then the 2months you get paid plus leaves enough time to search for another job.

If you are on call for the two month (which doesn't allow vacation) then it would be different.
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Old 13.01.2011, 17:03
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Re: Vacation compensation

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AFAIK, no!

The one month holiday is shorter then the 2months you get paid plus leaves enough time to search for another job.

If you are on call for the two month (which doesn't allow vacation) then it would be different.
That's irrelevant isn't it?

Holiday entitlement is part of the remuneration package and usually are you are entitled to it, at least on a pro rata basis.

I've been told that companies cannot take this time away from you. The length of your notice period is irrelevant. It is something that you have earned, just like your pay. No one knows if you are going to be sacked or made redundant, so it isn't like the employer can turnaround and say "ha ha, silly you, you should have taken holiday when you had the chance!"

If the OP had taken the holiday, they'd still be getting the 2 months' notice pay.
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Old 13.01.2011, 17:06
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Re: Vacation compensation

I thought notification period in Switzerland was 3 months (it definitely is at my company and those of my friends in Zürich), hence if you're asked to leave on the spot then they have to pay out the full three months plus any accrued leave - I thought if you've earned it then you're entitled to it. Just like for the notification period, that's at least the way it's run at my company.
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Old 13.01.2011, 17:52
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Re: Vacation compensation

Standard notice period is defined by law, i believe between 2 years and 9 years service the notice period is 2 months. This can be 'enhanced' I believe according to your personal contract.

As for the holiday - i believe the pro-rata holiday time you have accrued to date within the calendar year must be compensated - that can in principle be done only when you leave the service of the company - normally compensating for untaken holiday by a continuing employee is against the rules. If your contract states 25 days holiday (minimum would be 20 days for a full time employee) per annum and you are leaving partway through the year you can only expect pro rata compensation. However, it may be that the 2 month notice period also accrues a holiday entitlement - that I would not be sure about.
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Old 13.01.2011, 18:16
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Re: Vacation compensation

http://www.ktipp.ch/beratung/1035555...r_Freistellung

7 Verfällt ein restliches Ferienguthaben?
Ja, sofern die Dauer der Freistellung den Ferienanspruch deutlich übersteigt. Ist die Freistellungsdauer aber kurz und der Ferienanspruch gross, hat der Angestellte ein Recht darauf, dass ihm die Ferien ausbezahlt werden.

http://www.verkaufschweiz-basel.ch/A...erienbezug.pdf

Still a no from my side.
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Old 13.01.2011, 18:34
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Re: Vacation compensation

No, your hooliday pay is incluided in the 2 month notice period you have been paid for. If you had to work during these 2 months, then legally they would need to pay your holidays .

There is no legal requiremetn to issue a standard contract based on code d'obligation, If you are both willing to sign the contract you can have any amount of bonus, notice period, holidays, clauses as you both wish, the ONLY legal requirement are for pension and obligatory social payments and that you both sign of your own free will.

The contract is reciprocal, works both ways, so 1 day notice for you is the same for the employer....
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