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  #21  
Old 30.07.2017, 12:31
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Re: Garden Leave and untaken/ accrued holidays

hello

could you please tell me what a Rechtschutzversicherung is please ?

I have some issues with my actual employer and it seems I could get good advice from this " Rechtschutzversicherung"

regards
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  #22  
Old 30.07.2017, 12:40
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Re: Garden Leave and untaken/ accrued holidays

Legal insurance, about CHF 300/year, but you need to have it before you need it.

Tom
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  #23  
Old 30.07.2017, 12:56
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Re: Garden Leave and untaken/ accrued holidays

too bad. is there any chance that I have one with the house insurance or the bank as it is often the case in other countries ?

regards
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  #24  
Old 30.07.2017, 13:00
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Re: Garden Leave and untaken/ accrued holidays

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too bad. is there any chance that I have one with the house insurance or the bank as it is often the case in other countries ?

regards
You can get one anywhere. But often there is a 3 month waiting period for your first claim and as st2lemans said, cases that started before you got insurance are not covered.
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Old 30.07.2017, 14:23
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Re: Garden Leave and untaken/ accrued holidays

Some employers provide an all employee assistance helpline.

EAP's provide support for employees, often including counselling for psychological issues.

One less well advertised part of an EAP is a legal helpline.
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  #26  
Old 14.03.2020, 06:45
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Garden Leave

Hi,


I was fired a couple of months back and in the termination letter they have stated that "You are immediately released from working during your notice period. Any existing overtime credits, unused rest days and holiday days will be obtained in this order from new on, followed by the exemption until the end of the notice period."


Can they use my holiday and overtime credits for notice period ?
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  #27  
Old 14.03.2020, 07:09
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Re: Garden Leave

Yes they can but you could fight it saying you cannot possibly use any holidays and you want them paid out. Might be late however.
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  #28  
Old 14.03.2020, 07:24
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Re: Garden Leave

Quote:
Hi,


I was fired a couple of months back and in the termination letter they have stated that "You are immediately released from working during your notice period. Any existing overtime credits, unused rest days and holiday days will be obtained in this order from new on, followed by the exemption until the end of the notice period."


Can they use my holiday and overtime credits for notice period ?
Must admit. I had to google this " garden leave " thing
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  #29  
Old 14.03.2020, 09:05
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Re: Garden Leave

Quote:
Hi,


I was fired a couple of months back and in the termination letter they have stated that "You are immediately released from working during your notice period. Any existing overtime credits, unused rest days and holiday days will be obtained in this order from new on, followed by the exemption until the end of the notice period."


Can they use my holiday and overtime credits for notice period ?

Yes (I know, it happened to me)
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  #30  
Old 14.03.2020, 09:24
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Re: Garden Leave

the only reason to challenge it would be a case where you have accrued more overtime and holiday than your notice period.
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  #31  
Old 14.03.2020, 16:11
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Re: Garden Leave

In Switzerland, those on garden leave are expected to use this period for jobhunting.

Expecting the departing employee to use their garden leave to take all their outstanding vacation is contrary to this obligation.

An employer who obliges their employee to use more than 1/3rd of their vacation balance,(if meaningful) during garden leave can be challenged.

You could start by politely asking them to check with their lawyers and to reconsider their approach.
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  #32  
Old 14.03.2020, 16:56
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Re: Garden Leave

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In Switzerland, those on garden leave are expected to use this period for jobhunting.

Expecting the departing employee to use their garden leave to take all their outstanding vacation is contrary to this obligation.

An employer who obliges their employee to use more than 1/3rd of their vacation balance,(if meaningful) during garden leave can be challenged.

You could start by politely asking them to check with their lawyers and to reconsider their approach.

Sources please?

Garden leave is not mandatory.

You can be terminated and expected to work your notice period.

If a company places you on garden leave, this is essentially paid leave without needing to work and they can claim you have taken your vacation.

I agree with you that practically this is not good practice however that does not mean companies are not within their rights to do this.

K
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  #33  
Old 14.03.2020, 18:52
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Re: Garden Leave

This seems very counterintuitive. You get fired and the employer will take your leaves and your overtime with it. This seems bullying.



This is not the case in US/Canada. When you are fired and you serve notice, during the final payment all the unused leaves are encashed and they pay you overtime. If you are on a notice period when you quit, you should ask the employer permission to avail leaves during that period. The employer in most cases will extend your notice period to the leaves you have taken
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  #34  
Old 14.03.2020, 19:05
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Re: Garden Leave

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Sources please?

Garden leave is not mandatory.

You can be terminated and expected to work your notice period.

If a company places you on garden leave, this is essentially paid leave without needing to work and they can claim you have taken your vacation.

I agree with you that practically this is not good practice however that does not mean companies are not within their rights to do this.

K

Notice period is deemed to be time to look for a new job. If you force someone to take vacation (where it would be expected they'd go away on holiday) during the notice period you're reducing their time to look for a job. So there need to be a "reasonable amount of time" of non-vacation within the notice period.
Whether the employer allows the worker to not work at non-vacation times during the notice period is irrelevant.
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  #35  
Old 14.03.2020, 19:18
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Re: Garden Leave

Here's a good article discussing this if you understand German:

https://www.ihk.ch/wirtschaft-politi...Cndigungsfrist
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  #36  
Old 14.03.2020, 19:40
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Re: Garden Leave

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This is not the case in US/Canada.
We are not in the US/Canada.

What third world countries do has no relevance.

Tom
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  #37  
Old 14.03.2020, 20:05
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Re: Garden Leave

The fun part is " They added that after I sued them in the court ". Because I claimed holidays and overtime in the law suit.



When I was terminated, they did not include that. But they modified the letter later.



I did not sign the termination letter when I was fired, since oral termination is valid in switzerland. I wanted to talk to the lawyers before signing anything.



7 people left out of 18 in the last 6 months. it is a shit company.
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  #38  
Old 14.03.2020, 20:07
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Re: Garden Leave

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We are not in the US/Canada.

What third world countries do has no relevance.

Tom

Yeah I thought it is same around everywhere. Man, one needs to know the employment laws thoroughly before moving to a different country.
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  #39  
Old 14.03.2020, 20:25
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Re: Garden Leave

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Yeah I thought it is same around everywhere. Man, one needs to know the employment laws thoroughly before moving to a different country.

The fun part is, the part that people rely on to get something for their vacation time is not part of the law.
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  #40  
Old 14.03.2020, 20:31
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Re: Garden Leave

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The fun part is, the part that people rely on to get something for their vacation time is not part of the law.

May be swiss law.
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