In Switzerland, vacation entitlement is an essential component of labor law, guaranteeing employees the opportunity to rest and recharge their batteries. These periods of rest are crucial to maintaining a healthy work-life balance, as well as ensuring workers' productivity and well-being. This article explores the key aspects of vacation entitlement in Switzerland, highlighting current regulations, employee rights and employer obligations.
Vacation entitlement in Switzerland is governed by the Swiss Code of Obligations (CO), more specifically Articles 329a to 329e. According to these provisions, every employee is entitled to a certain number of paid vacation days per year, the minimum duration of which is set by law. The main stipulations are as follows:
Minimum yearly vacation allowance :
Employees are entitled to at least four weeks' vacation per year (20 days). For young workers under 20, this entitlement extends to 5 weeks (25 days).
Who decides the dates ?
Employers need to plan vacations in such a way that employees can take them under favorable conditions. This is crucial for their physical and mental health. The employer must take the employee's wishes into consideration as far as possible, but may also take into account business needs. He can therefore impose vacation periods if this is necessary for the smooth running of the company, but in this case, employees must be informed within a reasonable time.
Vacation breakdown
As a general rule, vacation must be taken during the current year. Employers are obliged to ensure that employees take at least two consecutive weeks' vacation.
Vacation calculation
Vacation days are calculated according to the employee's activity rate. Thus, part-time workers are entitled to vacation in proportion.
Carry over and entitlement cancellation
Untaken vacation entitlement cannot generally be carried over to the following year, unless otherwise agreed or in exceptional circumstances. On the other hand, the balance of vacation entitlement cannot simply be cancelled at the end of the year. In this case, the employer will have the option of setting the dates of the vacations to be taken, subject to an acceptable period of notice.
Financial compensation :
It is forbidden to compensate employees financially for their vacations, unless the employment contract is terminated.
Sickness during vacation :
if the employee is ill while on vacation, and provides a medical certificate, then the sick days will be converted back into vacation and added to the employee's holiday balance
By guaranteeing the right to adequate rest periods, Swiss legislation contributes to a healthy and productive working environment. Employers and employees must work together to ensure optimal vacation management, respecting both legal obligations and individual needs.
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