Have you heard of youth leave?
Have you heard of youth leave?
A young apprentice working for my small company has asked me to give him an extra day off to take a counsellor's course to accompany children to holiday camps. I'm a bit puzzled by this because I've never heard of such leave: what is the legal situation?
P.-A., Valais
Article 329e of the Swiss Code of Obligations allows employees and apprentices up to the age of 30 to take an extra week's leave for each year of service, up to a maximum of one week's work, if they do voluntary work for young people. It should be noted that it is not necessary to take these five days of leave in a row and that there is no carry-over of days not taken one year to the next.
The commitment covered by the law consists of supervising out-of-school youth activities on behalf of a cultural or social organisation, either by carrying out management, guidance, leadership or advisory functions, or by following the training required to carry out these activities. Young people volunteering with scouts, sports clubs or associations offering group activities, weekends, courses or holiday camps for children, for example, are entitled to apply for this leave.
In principle, this is not paid leave. However, a standard employment contract or collective agreement may derogate from this rule in favour of the employee.
As with the setting of other holidays, the employee concerned must reach agreement with his or her employer on the dates and duration of youth leave, taking into account the interests of both parties. However, in the event of a dispute, youth leave must be granted, provided that the young employee or apprentice has given the employer at least two months' notice.
As regards the form of application to be submitted, there are standard forms which generally need to be signed by an official of the organisation responsible for the activity or training concerned. If you have any doubts, you can ask your apprentice for proof of the tasks carried out as part of his or her youth activities.
In principle, your apprentice's request is therefore valid and you can grant him this leave and even - if you wish - congratulate him on his commitment!
