Jurilo answers HR manager employment law questions: Pay overtime despite time off?

Here we start with a series of questions that HR managers give us and which Jurilo.ch answered for them in a time and cost saving way.

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When will Jurilo.ch help you too?

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question

“Does overtime have to be paid despite time off?”

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Jurilo answer

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In principle, the following applies to compensation for overtime during the time off:

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1. The compensation of overtime with time off requires the employee's consent. This consent can result either from the employment contract itself (or from a personnel regulations declared as an integral part), if it has been agreed that overtime will be compensated with free time and the employer can order compensation, or from an exemption agreement in which the compensation of overtime is agreed.

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2. Without the employee's consent or without a corresponding agreement, overtime during leave cannot simply be regarded as compensated. This applies even if the employer unilaterally orders this. In this case, overtime must always be paid out.

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3. However, in the case of a very long period of leave of absence, the employee's refusal of compensation may be abusive of law.

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That is a Validated response - by Streiff von Känel

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