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Old 29.06.2008, 15:48
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resignation & holidays taken in advance

I was employed with a temporary contract. After two year they wanted to keep me but since they did not want me as permanent worker, they outsourced me with a more precarious contract with a very short notice period. I presented my resignation with effective date of leaving. I had taken some holidays in advance (more holidays than for those I have right in the month of July). When calculating the effective date of leaving I asked to the company who pays me, if I could add the days I owe to my notice period, and they told me that: No. If you work more days, these will days accountable for your right of holidays but cannot compensate your beforehand taken holidays. Therefore, they told me that the only option was to pay them back the holidays I had already taken.
Since the notice period is very short, the company where I was carrying my job, but not the one who pays me, came back saying that they can oblige me to prorrogate my notice period until I fulfil all the days I owe. Then, I came back to the company who pays me and told them that i preferred to pay than to stay longer, and they told me that they made a mistake and that if the company wants me to work to compensate the holidays I have already taken they have all the right and I cannot refuse. Do you know if this is true? I am not relying anymore with the company who pays me, since to the same question they change the answer in accordance to what their client wants!
Thanks for any help!
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Old 29.06.2008, 19:00
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Re: resignation & holidays taken in advance

I suppose if I wanted a good reference, I would do what they want.

However, I wonder how this all came up in the first place. Was there a lot of verbal discussion ahead of time? I don't know of any rules related to such a specific situation, but if I were you and I wanted to go at the end of your notice period, simply give written notice according to your contract.

It is not your problem to calculate how much money they owe you for your notice period and whether you therefore should get something less for unearned vacation time. Or whether they would prefer to get more time out of you. Just follow your contract. I am sure you earn vacation over the year, like anyone else. We do not in my job give more notice because we took all the holidays earlier. It does not even come into it.

Would love to hear Richard's advice. Maybe you have seen his posts elsewhere too. After reading his knowledgable post about what to do when you are fired, I would send hime a mail, if I were you.

Good luck
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Old 30.06.2008, 20:11
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Re: resignation & holidays taken in advance

Dear Topo,
Thanks for your reply. Actually, I think the problem is that I got a ****ty contract with a ****ty notice period for both, me and the company. But since in this case is me who is using the notice period, they do not agree at all with their short notice. Additionally there is a personnel problem, since a lot of people left, are or will be in maternity leave and basically the personnel to whom I had to hand over my projects were fully booked for the next 7 days (my notice period).
Furthermore I contacted the Service dŽEmploi of my Canton Vaud and they told me that the law in CH is not so detailed, but such an obligation does not exist, so both possibilities are feasible, either I resign according my notice period and pay the holidays I owe, either I agree with them and compensate my holidays with extra days of work. If no agreement is reached I have all the right to leave at the end of my notice period. However, I am a little bit confused. I asked for the legal basis to my company for which I have the obligation, if they want, to work my extra holidays, and I got no answer. So clearly they dishonestly lied to me, to make me do these days. Also in the service dŽemploi they told me that there is jurisprudence about this subject. They quoted three cases, saying that this depends on the Canton jurisprudence, and for instance in Basel, they obliged to work the extra taken holidays to a worker, while in other two cantons, the worker had to pay back the holidays (that is what i want to do!!!).
I do not need any reference from them, and I think at this stage I will not get it anyway. But I am a little afraid of fighting against Goliath! They are having discussions at different levels, and I can only reach the officer or secretary they gave me as contact!
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Old 30.06.2008, 20:30
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Re: resignation & holidays taken in advance

It is basically impossible for an employer to force someone to physically come in and work. So their counter weapon is reduction in salary. Thus, in your case that would work in your favour as that is what you prefer. I.e. as long as you honor your notice period (7 days) there isn't much they can do apart from reducing your salary with the overtaken holidays. There is a legal way that they could follow if they were stingy which is to claim that you are causing them "harm" and thus would be eligible to pay them indemnisation. This would have to go to court though and would cost them a lot more than it would give them. However, they may have a legal counsel on their payroll with too little work and the feeling of a score to be settled so you are never 100% guaranteed they won't go after you even if their chances of winning are almost zero.
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Old 30.06.2008, 20:48
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Re: resignation & holidays taken in advance

Dear Tilia,

Thanks for your reply. I was starting to feel that I had no right at all. One of the thing that bothers me the most is that they had a dishonest and abusive behaviour, since at the beginning I was ready to work those extra days, but since they have lied me I am starting to really despise them, and I know this is only bad for me. And since they are a huge international pharmaceutical company, probably they have this legal counsel from which I should be afraid of!
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Old 30.06.2008, 20:59
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Re: resignation & holidays taken in advance

They may very well... Also remember Switzerland is small. Even if you aren't depending on them right now, you will inevitable run in to someone who knows someone, who knows....

It's your call but if I were you I'd try to come to some amicable agreement even if you are boiling of fury inside. What's a day or two in a whole life?


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Dear Tilia,

And since they are a huge international pharmaceutical company, probably they have this legal counsel from which I should be afraid of!
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