I've been refused my holiday dates!

I've been refused my holiday dates!

I had agreed with my employer to take some holiday during this period of long weekends, but in the end he didn't allow me to go away because of extra work. I was understanding, but I'd like to know whether he has the right to make such demands of me.

C., St-Maurice

Under Articles 329 et seq. of the Swiss Code of Obligations, the employer must grant the employee at least four weeks' holiday per year of service (five weeks if the employee is under 20 years of age). If the year of service is not complete, the holiday entitlement is reduced proportionately. Holiday must normally be taken during the corresponding year of service.

Holidays must include at least two consecutive weeks and their date must be set by the employer taking into account the employee's wishes, to an extent compatible with the interests of the company. According to case law, employees must be given the necessary advance notice - in practice, three months - to organise their holidays, the purpose of which is to allow them to rest.

Most of the time, holidays are agreed by mutual consent and, once the date has been set, it cannot be changed by the employer without compelling reasons; this would be the case, for example, if there is a need to make up for the unforeseen absence of a colleague whose role is important to the smooth running of the business. In principle, the reasons given for cancelling your holiday are not sufficient.

Conversely, if it is the employer who intends to close the business for a holiday period, the employee must be given sufficient notice so that the notice given to him is deducted from his holiday time. Only extraordinary and unforeseen circumstances that are likely to place the business in difficulties and force it to close may justify shortening the notice period owed to the employee.

Finally, it should be noted that when terminating an employment relationship, the employer often wishes to take the employee's holiday during the notice period. The Federal Court has ruled, however, that taking holidays is incompatible with finding a new job, so the situation must be assessed according to the circumstances: the main criteria to be taken into consideration are the length of the notice period, the reason for the termination, the existence of a new job for the employee and the balance of holidays due.