Calculate vacation entitlement correctly: This applies in Swiss employment law
Swiss labor law regulates the Vacation entitlement Sure — yet there is often uncertainty about Calculation of vacation entitlement, particularly with Part-time jobs or irregular working hours. In this article, we explain in a practical and legally secure way how the Vacation claim calculated will — with a focus on Part-time workers and typical questions from everyday life.
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Statutory vacation entitlement in Switzerland
In accordance Art. 329a OR (Code of Obligations) applies:
- At least 4 weeks of vacation per year (for adolescents under 20 years of age: 5 weeks)
- In the case of a 5-day week Are that 20 vacation days per year
- The claim applies regardless of workload
Calculate vacation entitlement: Here's how
1. Vacation entitlement with 100% workload
instance: 100% job, 5 days/week
→ 4 weeks vacation = 20 days/year
2. Part-time vacation entitlement (e.g. 60%)
The vacation entitlement is not reduced, but in proportion to the working days per week distributed.
formula:
Working days per week × 4 = vacation days per year
instance: 60% workload, 3 days/week
→ 3 × 4 = 12 vacation days per year
3rd hourly wage: vacation entitlement in percent
If paid by the hour, the vacation entitlement is paid out, usually with a percentage added to the salary:
Vacation entitlement percentage
4 weeks
8.33%
5 weeks
10.64%
instance: CHF 30.— hourly wage for 4 weeks of vacation →vacation allowance = CHF 2.50 (8.33%)
Vacation in case of illness, dismissal or maternity
Illness during vacation
→ Only with doctor's certificate Are vacation days allowed post-related become.
termination
→ Vacation must If possible before the end of the employment relationship. Otherwise, there is a payout.
maternity leave
→ Vacation entitlement continuesbecause the employment relationship exists.
Frequently asked questions about vacation entitlement
How many vacation days with 80% workload?
→ 4 days/week × 4 = 16 vacation days a year
Do I have to take vacations or can I have them paid out?
→ Principle: Withdrawal of vacation before payout, except when the employment contract is terminated.
Do vacations expire if I don't use them?
→ Yes after 5 yearsif there are no operational or personal reasons (Federal Court Judgment 4A_265/2020).
Conclusion: Calculating vacation entitlement is mandatory for employers and employees
Who his Vacation entitlement calculated correctly, benefits from legal security and better predictability. Especially with Part-time jobs and hourly wage transparency is crucial.
Our tip: check your Vacation arrangements in the employment contract — and if in doubt, seek advice.
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