Don't I have the right to set my own holidays?
Don't I have the right to set my own holidays?
My employer requires me to take two of my four weeks' holiday in a row, between July and August, when the company's activity is slow, according to him. I don't agree with this, because I don't have any children and therefore have no interest in going away during the school holidays, only to find myself in overcrowded hotels after a very expensive plane journey. Don't I have the right to plan my own holidays?
In reality, under Swiss law, no, you do not have arightAs an employee, you can decide for yourself when you take your holidays.
The law lays down the following principles: the employer must grant the employee at least four weeks' holiday per year of service (at least five weeks for employees up to the age of 20) in accordance with article 329a of the Swiss Code of Obligations (CO).
In principle, it is up to the employer to set the holiday dates; however, he must take account of the employee's wishes "to the extent compatible with the interests of the company", in accordance with article 329c of the Swiss Code of Obligations. Typically, if an employee has children, the employer will take into account their family obligations and their wish to be able to take their holidays during school holiday periods.
If it is impossible to reconcile the employee's requests with the employer's imperatives, the latter will prevail. It is therefore theoretically possible for an employer to impose the dates of all of an employee's holidays, for example two weeks in the summer and two weeks at the end of the year, during periods when the company is closed. In this case, however, the employer must announce the chosen periods sufficiently in advance (usually within three months) to give the employee time to organise.
Swiss law also states that, as a general rule, holidays must include at least two consecutive weeks (art. 329c CO). In other words, an employment contract cannot stipulate that employees must take their holidays in blocks of no more than five days, for example.
In the final analysis, you should seek dialogue with your boss to ensure that the setting of holidays does not become a bone of contention between you, but if this should unfortunately be the case, you can always turn to the conciliation board of the industrial tribunal to find as much common ground as possible.
