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Old 24.02.2021, 08:14
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Holidays and resignation

Because of the situation at work I will have to either resign, or the company will fire me, not sure yet. Before now, in January we had "kurzarbeit" and I was outside of Switzerland, and they say that I have used my holidays. But as my payslip says, it was included in lost hours, and paid by kurzarbeit, holidays PAID BY EMPLOYER wasn't mentioned. So I guess, by the law I am entitled to have holidays according to the contract, which I can use in my notice period.

But what happens if I will not ask for it, and they will just tell me to work, can I get it paid in cash? They will not agree for that for sure, so I would have to take the legal actions. Anyone knows how hard would be that legal procedure, how much would it cost and how long would it take? I am in point in my life where I need money, not holidays so it would be much better option for me.

Also if I would get fired, and would try to get RAV benefits, this payment in cash, would it affect my benefits?

Thanks for all advices
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Old 24.02.2021, 11:41
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Re: Holidays and resignation


it depends on how many holiday days we are talking about and the answer might also change depending on whether you are the one quitting or if you get fired.

"During the notice period, holidays should be taken if possible, rather than compensated by a cash payment. For this reason, the employee may request to take the rest of his or her vacation after termination. The employer has the right to object only if he can invoke a situation of necessity in his company.

The opposite situation often gives rise to controversy. The employer sends the employee whose contract is terminated on vacation, whereas the employee would prefer a cash payment as compensation. In this case, a distinction must be made between the following two cases: if the worker himself has terminated the contract, he may reasonably be required to take his vacation; if the employer has given the leave, the worker must first look for a new job. Jurisprudence takes into consideration the relationship between the length of the notice period and the number of vacation days remaining. If the notice period is short and the remaining vacation is high, a right to cash compensation for the vacation is granted. If the period of notice is long and the vacation balance is low, it is reasonable to demand that the vacation be taken in kind. However, holidays cannot be ordered overnight, even during the notice period. Case law does not set a numerical ratio: the judgment always depends on the circumstances of the case. For example, going on vacation appears much more exigible for the worker when he already has the prospect of a new place of work."

Translated with www.DeepL.com/Translator (free version)

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