Who is allowed, when and for how long?

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• 1. From the age of 50, I have five weeks of vacation a year.

In fact, many employers are very generous. However: Legal vacation entitlement is only four weeks. According to the Swiss Code of Obligations, only persons under the age of 20 are entitled to five weeks’ leave.

• 2. Part-time workers only have half as many vacation weeks.

Part-time workers also receive at least four weeks of paid leave. The following applies: A holiday week has exactly the same number of hours as a work week.

• 3. I am not entitled to any paid leave over the hourly rate.

Yes, even hourly wage earners are entitled to at least four weeks of paid leave per year. In case of large fluctuations in wages, the holiday surcharge is allowed to be paid into the current wage. However, the surcharge must be shown in the contract and on each payroll separately. The surcharge is 8.33 percent for a four-week vacation and 10.64 percent for a five-week vacation.

• 4. My ex-boss never paid me for the holidays. Can anything be done?

Holiday rights only expire after five years. You can also request a vacation for this period retrospectively. If you no longer work there, the vacation credit must be paid off.

• 5. Unused days off from the previous year expire at the end of March.

Not true: Whatever the statute, the vacation statute of limitations is five years. And because you always use the oldest balance in your vacation account first, vacation days almost never expire.

• 6. I decide when to go on vacation.

No, it is the employer who decides in principle. However, it should take into account your wishes to the extent operationally possible. And if he wants to dictate vacation time, he needs good reasons. In addition, it needs to be announced at least 2-3 months in advance so that you can make a plan. If the order status is bad, it cannot force you to take an hourly or daily vacation under any circumstances. Also: At least two weeks of vacation per year must be attached.

• 7. Can the boss call me back from the vacation or cancel the vacation given?

This is only allowed in extreme emergencies, for example when an important appointment is approaching and many colleagues are not present due to illness. In such a case, the employer will have to cover all cancellation or return travel costs.

• 8. Am I entitled to free leave?

No, this is debatable. With one exception: the law guarantees employees under the age of 30 a free week’s vacation for extracurricular youth work each year. However, this only applies to free management, supervisory or consulting activities.

• 9. There are no commissions and overtime allowances during holidays.

Wrong, you are entitled to the same salary as if you worked during the holidays. This also includes regular shift allowances as well as a decent average commission.

• 10. I can make up for the days off with a doctor’s report later.

If you get sick or injured during the vacation, the doctor must decide whether you can still recover – that is the purpose of the vacation, after all. The ability to go on vacation is considered different from the ability to not work. If you really can’t take a vacation, you can take a vacation later.

• 11. Does this also apply to bridge days?

NO. In many companies, working hours are taken in advance throughout the year and are collected on so-called bridge days. But this is only a change in working hours, not on holidays. So if you’re sick on a bridge day, you’re out of luck and can’t make up for the previous day – you’re only sick in your spare time.

• I’m on sick leave until August 12, but I’m already on July vacation. Can I still go on vacation?

If you can take a vacation, you can. Days are counted as holidays. A doctor should evaluate your eligibility for the holiday.

• 13. If I am sick, the employer may not shorten my leave period.

However. But only if you have been sick for more than two months. There is no discount for the first month of absence, the discount is one twelfth for each full month of sickness after that. In case of partial incapacity for work, it takes a correspondingly longer time before the entitlement to vacation can be deducted.

• 14. Does this also apply when you are absent due to military service or maternity leave?

Military service is exactly the same as illness. In the case of pregnancy, a discount is made only from the third full month of absence. No reduction in legal maternity leave of 14 weeks after birth is allowed.

• 15. If I return late from vacation through no fault of my own: will I still get my money?

No, there is no operational risk to the employer, and it is not your fault that your vacation was unintentionally extended – for example because the only road down to the valley was buried by an avalanche. This is “force majeure” and you take the risk yourself – and you are not entitled to any fees during this time.

• 16. If I still have holidays at the end of my work, I can leave the company earlier.

The rule should be: Vacations should be treated as free time whenever possible. But there are exceptions. If the employer has good operational reasons, he may refuse to take the vacation and pay the remainder of the vacation as an exception. This payment is made at no additional charge.

• 17. If I take too many days off when I leave, will my salary be cut off or do I have to stay longer?

In any case, the business relationship ends on the scheduled date. The law itself does not regulate whether excess vacation pay is allowed to be recovered. Relevant provisions are often found in personnel regulations. In practice, a distinction should be made as follows: If the worker takes a holiday voluntarily and then makes a notification, the employer may deduct the excess holiday pay from his salary. But if the boss resigns, it’s his fault if the employee didn’t deserve the vacation he got. Then a wage cut would not be justified.

• 18. The boss is not allowed to impose a vacation ban – right?

Yes, he can give instructions or arrange by contract that at a certain time – when closing accounts, for example – too much work will be expected, so there will be no vacation. However, managers should announce it in a timely manner, preferably at the beginning of the year. If an employee still travels afterwards, the employer can terminate the contract without notice.

Source : Blick