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Old 15.11.2018, 20:35
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Unilateral Holiday Cut?

Hi All,


It turns out my holidays were cut and I'd like to know if this is allowed by local legislation.
The number of holidays I had in the past was not fully written in my contract, but it was a mix btw some days in my contract (as compensation for extra hours due to executive position) and some days in the collective agreement from the company (applicable to all employees).
Now the collective agreement was renegotiated and the holiday days are adjusted as per the new agreement (this is the simplified version).
Should I have a say in all this or is it enough with the "union" people re-negotiating on my behalf?


Merci!
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Old 15.11.2018, 20:38
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Re: Unilateral Holiday Cut?

Does the union actually determine contracts of executives?

In our company the union tariffs only apply for non-exempt personnel, not for exempt personnel.
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Old 15.11.2018, 22:21
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Re: Unilateral Holiday Cut?

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Hi All,


It turns out my holidays were cut and I'd like to know if this is allowed by local legislation.
The number of holidays I had in the past was not fully written in my contract, but it was a mix btw some days in my contract (as compensation for extra hours due to executive position) and some days in the collective agreement from the company (applicable to all employees).
Now the collective agreement was renegotiated and the holiday days are adjusted as per the new agreement (this is the simplified version).
Should I have a say in all this or is it enough with the "union" people re-negotiating on my behalf?


Merci!
What does your contact actually say in respect of the collective agreement? It really depends on that, if it says that holidays are based on the agreement then you don't have much choice in the matter.
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Old 16.11.2018, 00:51
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Re: Unilateral Holiday Cut?

When I started working in Switzerland, I got a contract with 25 days holidays.

The company got acquired and the other company only had 20 days (minimum according to OR).
They asked me to "hand in" those 5 extra days.
I reluctantly agreed.

A year or so later, they established scheme where people would get more holidays according to seniority and I got a few days back.

It turns out it's really hard to hire people (IT) when you only offer 20 days of holidays when pretty much everyone else offers 25plus.
So they offered new hires 25 days, while more senior people still had less.
That was understandably very unpopular, too, so everybody got 25 in the end.

Similar thing happened with the two half-days (Knabenschiessen + Sechseläuten).
Initially, you could add-up the two half-days and take the day whenever you wanted.

Then, it was imposed that you had to either take the one or the other day of the two off, which is totally bonkers because most people have no use for either day.
I never even bothered and just showed up for work anyway (I have work to do, mind you), "accidentally" scheduling some work interacting with customers for these days.

That thankfully only lasted a year, when the HR lady complained that this got way too complicated and the previous system was much easier (having shitty software to maintain these kinds of records doesn't help).

Sometimes I wonder how intelligent people can come up with such BS regulations that obviously lack any practicality.

Anyway: holidays is what your contract says - or failing that, what OR says.
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Old 16.11.2018, 11:04
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Re: Unilateral Holiday Cut?

The legal minimum is 20 days (a few more for employees < 20 years of age), so they can't go below that.

Afaik, anything beyond that is at the discretion of an organization and that includes the extra days for "Kader".

Everything else depends on (you guessed it) the particular employment agreements, individual and collective, with you company. But my guess is the company is probably well allowed to do this, even if it sucks.
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Old 17.11.2018, 00:34
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Re: Unilateral Holiday Cut?

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What does your contact actually say in respect of the collective agreement? It really depends on that, if it says that holidays are based on the agreement then you don't have much choice in the matter.







correct, holidays and a bunch of other regulations are based on that agreement....huh, i'll think more carefully who's in this union going forward!


THanks!
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Old 17.11.2018, 10:21
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Re: Unilateral Holiday Cut?

Take more sick days.
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