Swiss Employment Law clearly regulates vacation entitlement – yet there is often uncertainty when it comes to calculating vacation entitlement, especially for part-time positions or irregular working hours. In this article, we explain in a practical and legally sound manner how vacation entitlement is calculated – with a focus on part-time employees and typical everyday questions.
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Statutory Vacation Entitlement in Switzerland
According to Art. 329a CO (Code of Obligations):
At least 4 weeks of vacation per year (for young people under 20: 5 weeks)
With a 5-day week, this equals 20 vacation days per year
The entitlement applies regardless of the workload
Calculating Vacation Entitlement: How It Works
1. Vacation Entitlement at 100% Workload
Example: 100% position, 5 days/week
→ 4 weeks vacation = 20 days/year
2. Vacation Entitlement for Part-Time (e.g., 60%)
The vacation entitlement is not reduced, but distributed proportionally across the working days per week.
Formula:
Working days per week × 4 = Vacation days per year
Example: 60% workload, 3 days/week
→ 3 × 4 = 12 vacation days per year
3. Hourly Wage: Vacation Entitlement in Percent
With hourly wages, the vacation entitlement is paid out, usually with a percentage added to the wage:
Vacation Entitlement Percentage
4 weeks
8.33 %
5 weeks
10.64 %
Example: Hourly wage CHF 30.– with 4 weeks vacation →Vacation compensation = CHF 2.50 (8.33%)
Vacation During Illness, Termination, or Maternity
Illness During Vacation
→ Vacation days may only be taken at a later date with a medical certificate.
Termination
→ Vacation must be taken before the end of the employment relationship if possible. Otherwise, a payout is made.
Maternity Leave
→ Vacation entitlement continues to accrue, as the employment relationship remains in effect.
Frequently Asked Questions About Vacation Entitlement
How many vacation days with an 80% workload?
→ 4 days/week × 4 = 16 vacation days/year
Do I have to take vacation or can I have it paid out?
→ Principle: Taking vacation before payout, except upon termination of employment.
Do vacation days expire if I don't use them?
→ Yes, after 5 years, if there are no operational or personal reasons (Federal Court ruling 4A_265/2020).
Conclusion: Calculating Vacation Entitlement is Essential for Employers and Employees
Those who correctly calculate their vacation entitlement benefit from legal certainty and better planning. Especially for part-time positions and hourly wages, transparency is crucial.
Our tip: Check your vacation regulations in your employment contract – and seek advice if in doubt.
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