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Old 05.02.2020, 14:25
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Vacation term in an hourly "on call" contract?

My wife worked many years as teacher, now she plans to take a sabbatical, and her employer offered an hourly on call (auf Abruf) contract. The following are deducted from the hourly rate: Ferienentschaedigung, AHV/IV/EO, ALV and KTG. Also, 4 weeks of vacations are given.

As neither myself nor my wife had an hourly on call contract before, i would like to ask:

1) why is there this vacation term? For example, if she takes 12 weeks of holidays, then she cannot deny an on-call request from the school? Or will there be a kind of penalty?

2) since there's ALV and KTG deductions, is she insured in case of accident like with the full-time contract?
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Old 05.02.2020, 15:49
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Re: Vacation term in an hourly "on call" contract?

If there is a preexisting contract the company is obliged to employ you under exactly the same conditions as before. This includes holiday pay etc. This has no impact on a sabbatical. It will be calculated on the actual hours that she works.

Accident insurance is paid for everyone who works more than 8 hours a week.
Best to ask your HR contact if your wife still has insurance. Otherwise you need to organise this yourself.
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Old 05.02.2020, 17:39
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Re: Vacation term in an hourly "on call" contract?

If I've understood correctly, your wife wanted to take a sabbatical (i.e. a complete break from work) but instead her employer has offered her an on-call contract.


With these terms she is not completely on a sabbatical, hence the reason she has a working contract. That means she's legally entitled to 4 weeks holiday, but otherwise she would be expected to be on call. If she wanted to be completely free for 12 weeks then she should not have accepted this on-call contract.

Her hourly salary should include the base rate + approx 8% of base rate to cover the vacation days. She will get paid only for those hours she works.
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Old 05.02.2020, 22:27
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Re: Vacation term in an hourly "on call" contract?

Exactly, she was offered the contract (not yet signed), but she doesn't plan to work during these 12 weeks.

I think there should be a term "the on-call request has to be mutually accepted", giving more flexibility to her to accept or reject any call without any consequences.

If she rejects it alltogether, does she have to register in RAV (maybe after the sabbatical)?
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Old 05.02.2020, 23:26
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Re: Vacation term in an hourly "on call" contract?

Will her normal contract not resume after the sabbatical?
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Old 06.02.2020, 08:25
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Re: Vacation term in an hourly "on call" contract?

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I think there should be a term "the on-call request has to be mutually accepted", giving more flexibility to her to accept or reject any call without any consequences.
Exactly this. I wouldn't accept a contract where I was obliged to come in at short notice, regardless. My wife had a similar contract, but she was free to reject the request.

Seek clarification. They may mean that it's mutual but didn't put it in the contract explicitly.
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Old 10.02.2020, 21:59
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Re: Vacation term in an hourly "on call" contract?

@eireann: this is an option yes, the on-call per-hour is for the meantime. The chances she fulfils a request during the sabbatical are very low, but at least she will still be "employed".

@NotAllThere: thanks, she asked to put this term explicity, let's see.
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Old 18.02.2020, 12:51
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Re: Vacation term in an hourly "on call" contract?

the updated contract has this added term: "Die Arbeitnehmerin ist nicht zum Abruf verpflichtet."

I guess it's OK now, what do you think?
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