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Old 05.11.2010, 19:09
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Notice Period and Holidays

I gave my notice last month so the final day would be end of Dec, but I still have 25days holiday lefr( ididnt use any this year). I was under the impression i could use these to offset the notice period but i found out today from my boss that this is not allowed unless i can transition all my work over, which is unlikly given the timeframe.

I want to leave earlier then the last day of december. What are my options? whjat happens if i just stop going in..can i get them to fire me instead?
Am i not entitled to any holidays even in notice period.

thanks for any help.
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Old 05.11.2010, 19:25
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Re: Notice Period and Holidays

Are they intending to pay the 25 days holiday or will it just get forgotten about?
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Old 05.11.2010, 19:33
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Re: Notice Period and Holidays

I can't comment on the legal aspect (only know the UK system where you would have to take the holiday or be paid it since its contractual), but from prior experience this type of situation requires negotiation. Why can't you transition your work over in the next few weeks? Would you be able to do it by the end of December? Your boss can't make you come in in January if you still haven't finished! Can you sit down with him/her and agree a transition plan with a compromise end date, committing to work as hard as required for the next few weeks to meet the targets as long as you can take your holiday?

I would never do anything that would jeopardise future references/job prospects (i.e. not turning up for work or trying to get fired), but your boss should realise it's in his interests to have a motivated worker for another month than a demotivated one for 2 months.

Last edited by woolly; 05.11.2010 at 19:34. Reason: speling
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Old 05.11.2010, 21:24
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Re: Notice Period and Holidays

hi,
thanks for response, yes they will pay out the holidays but i wanted to use them all up so to leave earlier.
Im already transitioning the work, but beacuse everyone has holidays the coming weeks. I ahve already secured a job to start in janurary. I wonder what the legal aspects are if i just stop going in or if try to get intetionally fired. the fact is I can transition the work within the time i want to leave. but the boss just isnt confident with the remaiining team
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Old 05.11.2010, 21:31
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Re: Notice Period and Holidays

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hi,
thanks for response, yes they will pay out the holidays but i wanted to use them all up so to leave earlier.
Im already transitioning the work, but beacuse everyone has holidays the coming weeks. I ahve already secured a job to start in janurary. I wonder what the legal aspects are if i just stop going in or if try to get intetionally fired. the fact is I can transition the work within the time i want to leave. but the boss just isnt confident with the remaiining team
What does your contract say with regard to holidays, do they have to be taken by a certain time, how much notice do you have to give before going on holiday?
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Old 05.11.2010, 21:33
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Re: Notice Period and Holidays

You do not have a right to use your holidays during your notice period. The company can agree to let you take them then, but they are not obligated to do so.

That said, they aren't allowed to just write the days off either, so if they don't allow you to take them, they have to pay them out.

A 3 month notice period really does mean that you are legally required to work 3 more months, unless a mutual agreement stating otherwise is reached.
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Old 05.11.2010, 21:48
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Re: Notice Period and Holidays

Not so sure corbets.. it may be the employee's choice in regards to accepting payment or taking the days.

Best to check with the arbeitzamt guys, they know labour law inside out.

Good luck OP, hope you get your rest, a year without holidays is very very tough.
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Old 05.11.2010, 21:53
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Re: Notice Period and Holidays

He's right.
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Old 05.11.2010, 22:02
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Re: Notice Period and Holidays

Well you say you have not taken holidays this year, if that is so then your employer is required to give you two consecutive weeks iff so you would be able to leave by mid december at the latest.
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Old 05.11.2010, 22:46
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Re: Notice Period and Holidays

The two consecutive weeks may depend on the industry and the company. I do not believe that is an obligation.

Regarding use of holidays during your notice period, one can re-verify this in the employee terms and condition handbook but the decision of holiday payout or usage during he notice period is usually with the employer not with the employee.

I would not recommend that you just do not show up at work, and one usually does not get fired after one quits. Either way, getting fired now would mean that you will serve your 2 months notice starting Dec 1, so it does not technically help you.

I am sure you had a valid reason for moving to a new opportunity. My advice is to stick it out and be professional until the end...Switzerland is a small place and you do not want to have a bad reputation from a work ethics point of view.
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Old 06.11.2010, 00:37
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Re: Notice Period and Holidays

guys thanks for the replies. I definetly want to leave on good terms...looks like my christmas plans will have to change
I hope i can come to a mutual arrangement, but this all depends on the speed of the transition.
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Old 06.11.2010, 07:29
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Re: Notice Period and Holidays

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The two consecutive weeks may depend on the industry and the company. I do not believe that is an obligation.
It is a legal obligation:

http://www.admin.ch/ch/d/sr/220/a329c.html

Martin
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Old 06.11.2010, 08:04
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Re: Notice Period and Holidays

I stand corrected...looks like it is the law.

Just note: (at least in my company) the two weeks requirements is also based on when you come joined the company (anyone coming in after July is not required to take these 2 weeks) and the 2 weeks is prorated if you are working part time.

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It is a legal obligation:

http://www.admin.ch/ch/d/sr/220/a329c.html

Martin
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