30. July 2024

Garden leave and remaining holidays?

hello all, I need to describe my situation to understand if my company’s behavior is correct or not.

In March, my company communicated me the termination of my contract with 3 months notice period + 1 month bonus. My company decided to place me on Garden Leave = I continue to receive the full pay but I do not have to come to office any my accounts have been disconnected from company’s systems.

I just realized that my company has deducted 1/3 of the 4 months of garden leave from my holiday balance, so from 7 weeks it has been reduced to 2 and the company offered a payment only for these 2 weeks.

I didn’t agree to take 1/3 of the garden leave as holidays and it was not stated or described to me. I could have worked during the notice period in order to spare the holidays or anyway I do not think it is correct to take out holidays without at least a verbal communication.

As far as I saw, the 1/3 rule has been overturned by Swiss Federal Court, is it correct? Can you please give more details on this point and what should be the legal way to manage these situations?
What can I do now? Can I challenge my company on how they counted the remaining holidays?

1 solution

Kurzantwort: Lass es gut sein. Sie können das tun.

Es gibt ein BGU welches die „drittelsregelung“ aufhebt und mit „angemessen“ ersetzt.

Sie schenken dir einen Monat, was sie nicht müssten, und es bleibt immer noch ...

Peter Z.
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