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Old 31.08.2012, 11:25
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can your employer oblige you to take holidays?

Dear all,
in the company I work we are expected not to carry over than 5 days of holidays for the next year.
Is it only our company policy or it is under swiss labor law (if so, could you be so kind and give me where I can find it, please).

Thank you very much,
R
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Old 31.08.2012, 11:29
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Re: can your employer oblige you to take holidays?

you're complaining that your employer is making you take your holidays?

gawd, I love this country.

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Old 31.08.2012, 11:30
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Re: can your employer oblige you to take holidays?

This is company policy and not the law. However, they have the legal right to can instruct you to take holidays. If they don't instruct you and you have remaining days at the end of the year, they can't simply cut the days.
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Old 31.08.2012, 11:31
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Re: can your employer oblige you to take holidays?

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Dear all,
in the company I work we are expected not to carry over than 5 days of holidays for the next year.
Is it only our company policy or it is under swiss labor law (if so, could you be so kind and give me where I can find it, please).

Thank you very much,
R
I'm not sure what the law is exactly but it's pretty standard in contracts of employment. It's to prevent employees stockpiling loads of holiday then buggering off for 2 months.

I think holidays are not able to be compensated financially so if you don't take your holidays you lose them (except the 5 days you can carry over).
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Old 31.08.2012, 11:41
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Re: can your employer oblige you to take holidays?

Actually, it is the other way around. Untaken holidays has to be compensated financially if you leave the company. This is why so many companies have the policy that you are not allowed to take over days. It is generally better to have untaken holiday than untaken overtime so it is recommended to always first use up over-time compensation and then take your holidays if possible.

Also, if the company has a policy that you cannot carry over holidays but you still have untaken holiday at the end of the year, they can't simply take the days away from you. They have to pay out the remaining days.

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I think holidays are not able to be compensated financially so if you don't take your holidays you lose them (except the 5 days you can carry over).
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Old 31.08.2012, 11:41
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Re: can your employer oblige you to take holidays?

Use it or lose it. Must say though, that I can never ever understand how or why some people do NOT want to use up their holidays
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Old 31.08.2012, 11:46
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Re: can your employer oblige you to take holidays?

Thank you for all the responses... just to make it clear I do like taking my holidays, but when I want to not where my employer forced me to. During the year I could not do it or better I could not take as much as I wanted (because of the workload we had) and now I have to take all the days I have (- 5 that I can carry over).
Have a lovely day.
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Old 31.08.2012, 11:48
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Re: can your employer oblige you to take holidays?

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Also, if the company has a policy that you cannot carry over holidays but you still have untaken holiday at the end of the year, they can't simply take the days away from you. They have to pay out the remaining days.
Is that definitely right? The three companies I've worked for in CH all stated that untaken holidays would not be paid for or rolled over. They would just be lost (except when leaving).

All three said that this was for my benefit
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Old 31.08.2012, 11:48
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Re: can your employer oblige you to take holidays?

Hope you find something interesting and fun to do - enjoy
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Old 31.08.2012, 11:49
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Re: can your employer oblige you to take holidays?

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Thank you for all the responses... just to make it clear I do like taking my holidays, but when I want to not where my employer forced me to. During the year I could not do it or better I could not take as much as I wanted (because of the workload we had) and now I have to take all the days I have (- 5 that I can carry over).
Have a lovely day.

If you would like - you could come and watch my kids for me, my employer gives me 0 days holiday each year Unfortunately, I won't be able to pay you, though...
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Old 31.08.2012, 12:06
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Re: can your employer oblige you to take holidays?

Yes, it is very difficult for companies to just cut your holiday. They can instruct you to take your holiday and they can claim that they will cut it. However, if you challenge it in court the burden of proof is generally with the company. I.e. they need to prove that they instructed you to take holidays and you ignored it.

Therefore, generally, this type of policies are only an administrative threat. If you, for whatever reason have remaining holidays at the end of the year, then very few companies will actually cut the days.

The company also has an obligation to grant you your holiday so with this policy they are trying to solve this problem as well. I.e. they are instructing you to take all your holidays so that you later can not claim that you weren't allowed to take holidays.


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Is that definitely right? The three companies I've worked for in CH all stated that untaken holidays would not be paid for or rolled over. They would just be lost (except when leaving).

All three said that this was for my benefit
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Old 31.08.2012, 12:09
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Re: can your employer oblige you to take holidays?

This is a general misconception - i.e. that you should have the right to take holiday when you want rather than when the company wants to. The company has to grant you holidays and they should take your wishes into consideration but the are at liberty to actually tell you when to take it.

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I do like taking my holidays, but when I want to not where my employer forced me to.
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Old 31.08.2012, 12:21
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Re: can your employer oblige you to take holidays?

In our company our Holidays roll over, although management gets a bit pissed whwn they build up. For expample i know oone person with about 4 weeks holidays built up with OT and 40 days holidas to take. It wont happen!


We were also told that we must take two weeks holidays per year as in All at one time.

I dont know if its swiss law or a work thing, wither way, im happy with it
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Old 31.08.2012, 12:23
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Re: can your employer oblige you to take holidays?

I guess if you have signed a contract that says you cannot take more than 5 holidays days over to the next year you are pretty much stuffed with little or no comeback unless there have been shenanigans by management. All my contracts, here and in the UK, have had this clause.

One company here made a special dispensation for me when I wanted extended leave to go travelling and I took, I think, 8 days over to the next year but that was with prior written arrangement and signed by both parties.

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We were also told that we must take two weeks holidays per year as in All at one time.
Some banks make you do this when you work in a sensitive area - take a minimum number of days off in a row and not log onto the system for that duration. I think it's a security measure.
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Old 31.08.2012, 12:42
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Re: can your employer oblige you to take holidays?

Yes i can see why!

I took a month off this year but my bosses were fine with it. They knew i was going home to get married so they signed the holiday requests no problem!

Our company as a "cost saving measure" will no longer allow us to carry over our banked hours into the new year. The slate will be wiped to 0 but we do get them paid.

Personall I prefer the time off But either way is OK for me.
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