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Old 21.07.2020, 22:09
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Employer wouldn't allow to take remaining vacation during notice period

Good evening,

I would like to ask you for your opinion on my OH's situation.

He's been working on Stundenlohn as a waiter for the past 3 years and due to various job-related reasons, he decided to quit his job in these unprecedented times. His last day of work will be July 31st, however he's still entitled to 1 week of vacation (perhaps more but his employer doesn't share how many days his entitled to...).

He informed his employer that he wants to use the remaining vacation days and we booked already holidays.

Today, my OH wanted to confirm that his last day of work will be this Friday, however the employer said that my OH needs to work until the end of July.

What can we do in such situation? This seems like a word against word since he didn't say application for vacation by a registered letter nor has he any proof. The employer doesn't have any problem with a personnel that would require my OH to be present at work.

What will happen if he won't show up on Monday?

Thanks,
Trixxiee

Edit: I obviously read similar topic on the forum, however knowing that law is on our side doesn't really help. One of the many reasons why he quits is that he doesn't have any support from his employer. He's totally unapproachable and reacts violently when asked about anything related to salary, payslip, vacation, testimonials etc.
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  #2  
Old 21.07.2020, 22:25
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Re: Employer wouldn't allow to take remaining vacation during notice period

Bit silly to book holidays without having leave approved first

If he doesn't turn up, they could not pay him for the remainder of the month and maybe give him a bad reference I guess.
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Old 21.07.2020, 22:30
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Re: Employer wouldn't allow to take remaining vacation during notice period

It was approved and it's always been approved verbally... the employer tries to make things as much difficult as he possibly can...

He's never paid for vacation and has a holiday supplement added to his hourly wage. He also received his reference letter.
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Old 21.07.2020, 22:34
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Re: Employer wouldn't allow to take remaining vacation during notice period

If denying the vacation is purely punitive then I would say probably nothing would happen if he tells his boss how it's going to be. There might be an issue with getting paid but again some confidently worded correspondence should sort that out.
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Old 21.07.2020, 22:35
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Re: Employer wouldn't allow to take remaining vacation during notice period

Then I canít imagine the employer can do much at all!
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Old 21.07.2020, 22:38
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Re: Employer wouldn't allow to take remaining vacation during notice period

Thanks @Lander and @Island Monkey! That's one of not many positive messages I read recently
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Old 21.07.2020, 23:58
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Re: Employer wouldn't allow to take remaining vacation during notice period

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Bit silly to book holidays without having leave approved first

If he doesn't turn up, they could not pay him for the remainder of the month and maybe give him a bad reference I guess.
Employers are not allowed to give a bad reference. Of course, if it is a phone reference there is no way to prove that the employer gave a bad one.
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Old 22.07.2020, 06:27
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Re: Employer wouldn't allow to take remaining vacation during notice period

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Employers are not allowed to give a bad reference.
One wonders what the point in them is then? Why bother asking for references if they donít tell you anything about your potential new employee?
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Old 22.07.2020, 06:41
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Re: Employer wouldn't allow to take remaining vacation during notice period

Surely if the employer wonít give holidays he has to pay the employee for all outstanding leave.
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Old 22.07.2020, 13:37
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Re: Employer wouldn't allow to take remaining vacation during notice period

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Employers are not allowed to give a bad reference. Of course, if it is a phone reference there is no way to prove that the employer gave a bad one.

It depends on what you consider to be "bad". Just because they're not allowed doesn't mean that they don't. Also with a "not bad" reference one can read between the lines.
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Old 22.07.2020, 13:58
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Re: Employer wouldn't allow to take remaining vacation during notice period

I think they can give a bad reference by using appropriate wording, not sure if this is legal though.

https://www.weka.ch/themen/personal/...itszeugnissen/
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Old 22.07.2020, 14:30
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Re: Employer wouldn't allow to take remaining vacation during notice period

I once gave a subordinate a comment that I thought she was doing “quite a good job”. I thought this was a high praise, but she was devastated. After a chat we both agreed to change ‘quite’ to ‘very’. Perception is everything.
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Old 22.07.2020, 21:02
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Re: Employer wouldn't allow to take remaining vacation during notice period

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One wonders what the point in them is then?
There is no point. They're outmoded and useless, and only still exists because they give managers a feeling of power.
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Old 22.07.2020, 21:27
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Re: Employer wouldn't allow to take remaining vacation during notice period

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Employers are not allowed to give a bad reference. Of course, if it is a phone reference there is no way to prove that the employer gave a bad one.
I imagine a world where people really use brains...

Imagine scenario where employee resigns because no promotion, or conflict with senior management (remember Dieselgate).

Future employer calls for reference of ex employee:

Previous employer: This employee always makes us trouble, arrogant and so on.

Future employer: And he worked for you 10 years?????

PS: Remember Steve jobs, What do you think were his references after being fired Look what he did after
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Old 22.07.2020, 21:48
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Re: Employer wouldn't allow to take remaining vacation during notice period

Will your OH then apply to RAV and expected to be paid by RAV?
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Old 22.07.2020, 22:00
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Re: Employer wouldn't allow to take remaining vacation during notice period

He will and is expected to be paid of course after 2-3 months of penalty. Before quitting, my OH went to a psychiatrist and was advised to quit his job due to mobbing and some other practices that were not really legal with swiss labour law.

We work closely with our legal insurance because it's very likely that his employer won't pay his last salary and will not fill any docs that RAV might want him to fill.

Hopefully everything settles but I stopped counting registered letters I sent so far...

Today after my OH again emphasised again that his taking vacation from Monday on, his employer warned him to look back on the street because he doesn't know what might happen... My OH is now on a sick-leave until end of the month.
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Old 23.07.2020, 08:28
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Re: Employer wouldn't allow to take remaining vacation during notice period

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Surely if the employer wonít give holidays he has to pay the employee for all outstanding leave.
Not if he only gets unpaid vacation:

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He's never paid for vacation and has a holiday supplement added to his hourly wage.
Tom
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Old 23.07.2020, 09:08
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Re: Employer wouldn't allow to take remaining vacation during notice period

I would highly recommend using the sick leave option and talking to the psychiatrist. Actually, it may not be in his interest to resign whilst sick. He also needs to inform RAV that he has the advice of the psychiatrist to resign due to mobbing. It will help his case and possibly reduce the penalty / waiting period.


The Psychiatrist can even provide a letter to the RAV to explain the situation and support his case.
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Old 23.07.2020, 10:06
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Re: Employer wouldn't allow to take remaining vacation during notice period

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One wonders what the point in them is then? Why bother asking for references if they donít tell you anything about your potential new employee?
Bad reference + "Mr or Mrs X worked here for this time in this role and performed the following duties. The end."

Good reference: "Mr or Mrs X worked here for this time in this role and was instrumental in developing blah blah and was a very strong team player who blah blah".
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Old 23.07.2020, 10:18
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Re: Employer wouldn't allow to take remaining vacation during notice period

seriously, the guy is a waiter who gives a shit about a reference!! any new employer will give his a test shift, if he's crap they'll fire him, if he's half decent they'll keep him. this whole coded reference thing has been done to death a million times on here and the outcome is always its a load of urban myth bollocks.
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