As the Christmas holidays beckon ever closer, people in Switzerland may be wondering whether a surprise call to clock into work may rain on their festive parade. Here’s all you need to know about whether your employer can put the breaks on holiday plans this winter.
Though a large number of companies in Switzerland use the Christmas period to shut down their operations and give their workers a company holiday or Betriebsferien, many others see December as a time of peak demand, wearing deadlines and crunch. With many seeing working over Christmas as putting the bleak in bleak midwinter, December is also a popular time to take paid leave.
However, many may be worried that companies will restrict or even forbid them from going on holiday at such a busy time. Here’s what you need to know about the rules in Switzerland:
Speaking to Blick, labour expert and lawyer Alexandre Curchod noted that compared to labour laws in other European countries, work contracts in Switzerland are quite relaxed when it comes to taking time off. Labour statutes and the State Secretariat for Economic Affairs note that while holidays should be taken with the “employees’s personal interest” in mind, much of it is down to what staff sign up for when they put their signature on the dotted line.
When it comes to employees taking time off, Curchod noted that holidays “should be set with a little anticipation”. Though this varies by company, he advised workers to arrange time off at least three months in advance to avoid conflict.
In this case, companies cannot refuse leave at Christmas unless it “corresponds to a real business need. It must not be pretext.” For instance, "With the surge in Christmas shopping, the company can anticipate that it will need employees during the holiday season. It can therefore say that it does not want vacations at that time," Curchod explained.
In these cases, the company in question should inform their employees about the policy well ahead of time and should take steps to explain why the decision has been made. If employees have their leave cancelled at short notice because of demand, the employer must prove that their presence is a “necessity”. In addition, those who work on public holidays must have permission from local authorities and are typically given generous rewards through overtime for doing so.
In cases where requests for leave overlap, Curchod noted that it is up to companies to mediate a solution. "The company cannot just say 'yes' or 'no', it must try to find a solution and make efforts to take into account the personal interests of the different employees. And if it is not possible to satisfy everyone, then there will be trade-offs to be made," he explained.
If you are one of those whose company is going on a Betriebsferien - practically forcing you to take time off at a specific time - Curchod noted that the grounds for appeal are limited. "Generally speaking, the employer sets vacations taking into account the legitimate interests of the employees. If the smooth running of the company justifies it, they can impose vacations."
Finally, those who are ending 2024 with a few holiday days left to spend do not need to rush to use them, as in Switzerland the time limit for claiming paid leave is five years. In most cases “the burden of proof of vacation time lies with the employer...It is up to them to keep a record of vacation time and prove that it was taken,” Curchod concluded.