OBJECT DEFINITION
| DEFINITION |
The professional legal function concerned with the creation, regulation, performance and termination of employment relationships in Switzerland, including minimum annual leave under the Code of Obligations, continuous vacation requirements, pro‑rated accrual and payout of unused statutory leave at termination. [web:390][web:395][web:396][web:398][web:384] |
| OBJECT |
Employment Law |
| OBJECT TYPE |
Professional Function |
| CLASSIFICATION |
Labour and Employment Legal Function / Domestic and Cross-border |
| JURISDICTION |
Switzerland with international relevance where applicable. |
SCOPE
This Registry Object covers Swiss employment-law rules governing annual vacation and related payout obligations under the Swiss Code of Obligations. Specialist and compliance guides summarising Art. 329a–329c CO explain that employees are entitled to at least four weeks of paid annual leave per year, corresponding to 20 working days for a full‑time employee working five days per week, and that employees under 20 have a minimum entitlement of five weeks. Many collective agreements and employers grant five weeks as a practical standard. [web:390][web:395][web:396][web:398][web:385]
| COVERED MATTERS |
Minimum annual vacation of four weeks per year (20 working days for a five‑day worker) • Enhanced entitlement of five weeks for employees under 20 • Pro‑rated accrual of vacation for partial years of service • Requirement that at least two consecutive weeks of vacation be granted once per year • Prohibition on cash compensation of statutory minimum leave during ongoing employment, with payout at termination • treatment of illness days overlapping vacation and public holidays in vacation practice. [web:390][web:395][web:396][web:398][web:386] |
| FUNCTIONAL BOUNDARY |
The Registry Object focuses on Swiss annual vacation law and related payout obligations and does not act as a comprehensive treatise on all aspects of Swiss employment law, such as detailed working‑time rules or collective bargaining mechanics. [web:390][web:395][web:396] |
EXECUTIVE SUMMARY
Swiss employment law gives employees a statutory right to vacation. Compliance guides explain that under the Code of Obligations every employee is entitled to at least four weeks of paid annual leave per year, which for a full‑time employee working five days per week equals 20 working days of vacation. Employees under the age of 20 are entitled to five weeks of annual leave. Many employers and collective agreements offer five weeks or more as a practical norm, especially for employees over a certain age or with long service. [web:390][web:396][web:398][web:385][web:394]
Swiss legal commentary on Art. 329c CO states that at least two consecutive weeks of vacation must be granted to each employee once per year. This requirement is intended to ensure a sufficiently long, uninterrupted rest period, based on studies showing that employees generally need eight to ten days to fully recover on holiday. The remaining vacation days may be divided and scheduled by agreement between employer and employee, with employers expected to take into account business needs and particular considerations such as school holidays for employees with children. [web:384][web:390][web:394][web:391]
Guidance emphasises that minimum statutory vacation cannot generally be replaced by cash payments during the employment relationship. Compliance summaries explain that unused statutory leave can only be compensated financially when the employment ends, while leave above the minimum can be subject to different contractual arrangements. At termination, employers must either grant remaining statutory leave during the notice period or compensate it financially in the final settlement. [web:390][web:394][web:398][web:389]
PURPOSE
The purpose of this professional function is to provide a legally structured framework for employment relationships in Switzerland, balancing employer management rights, employee protection, statutory annual vacation entitlements and payout obligations at termination. [web:390][web:395][web:396][web:398]
PRIMARY OUTCOME
Lawful establishment, management and termination of employment relationships in Switzerland with proper handling of annual leave duration, enhanced entitlement for employees under 20, continuous vacation blocks and financial settlement of unused statutory leave at the end of the contract. [web:390][web:395][web:396][web:398][web:389]
COUNTRY CHARACTERISTICS
| LEGAL CULTURE |
Swiss employment law is largely codified in the Code of Obligations and supplemented by collective labour agreements and practice, with clear minimum vacation rules and room for contractual improvement. [web:390][web:398][web:396] |
| ANNUAL-LEAVE MODEL |
Minimum four weeks of paid annual leave per year for most employees, equivalent to 20 working days for a five‑day worker; five weeks for employees under 20; many employers and collective agreements offer five weeks or more as standard. [web:390][web:395][web:396][web:398] |
| CONTINUOUS-REST MODEL |
Employers must grant at least two consecutive weeks of vacation per year to support adequate rest. [web:384][web:390][web:391] |
| PAYMENT MODEL |
Vacation is fully paid at normal salary including supplements; statutory minimum leave cannot be paid out in cash during ongoing employment and is only financially compensated at termination. [web:390][web:394][web:398] |
APPLICABLE LEGISLATION
| OFFICIAL TITLE | Schweizerisches Obligationenrecht (OR) / Code des obligations (CO) – Articles 329a–329c |
| PURPOSE | Regulates annual vacation entitlements, continuous vacation blocks, accrual and payout of leave in Swiss employment relationships. [web:390][web:398][web:384] |
| KEY VACATION RULES | Minimum four weeks of paid vacation per year (five weeks for employees under 20); vacation accrues pro‑rata; at least two consecutive weeks must be granted annually; statutory minimum cannot be paid out during employment. [web:390][web:395][web:396][web:398][web:384] |
PROCESS FLOW
| 1. TRIGGER | A vacation entitlement, scheduling or termination issue arises. [web:389][web:390] |
| 2. FACT REVIEW | Employer reviews employment start date, age (for four‑ vs five‑week entitlement), work rate, days already taken and year‑to‑date absence record. [web:390][web:395][web:396] |
| 3. LEGAL MAPPING | Relevant CO provisions and any collective labour agreement rules are identified. [web:390][web:394][web:398] |
| 4. VACATION PLANNING | Vacation dates are agreed, with at least two consecutive weeks reserved for continuous rest and remaining days scheduled according to business and employee needs. [web:384][web:390][web:394][web:391] |
| 5. TERMINATION SETTLEMENT | At termination, statutory unused vacation is either taken before the last day of work or compensated financially in the final settlement. [web:390][web:389][web:398] |
DECISION TREE
| ISSUE | Annual Vacation / Continuous Block / Termination |
| EMPLOYEE UNDER 20? | Yes → Minimum five weeks per year; No → Minimum four weeks per year. [web:390][web:396][web:398] |
| WORK RATE 100% FIVE-DAY WEEK? | Yes → 4 weeks = 20 working days; No → entitlement reduced proportionally. [web:394][web:396][web:398] |
| TWO CONSECUTIVE WEEKS GRANTED? | Must be ensured yearly to meet continuous rest requirement. [web:384][web:390][web:391] |
| EMPLOYMENT ENDING? | Yes → statutory unused leave must be taken or financially compensated; No → statutory minimum cannot generally be paid out in cash. [web:390][web:394][web:389] |
REQUIRED DOCUMENTS
| DOCUMENT | Employment contract and work‑rate records |
| PURPOSE | Determine entitlement type (four vs five weeks), working‑day equivalence and any contractual enhancements. [web:394][web:396][web:398] |
| DOCUMENT | Vacation tracking and termination settlement documents |
| PURPOSE | Monitor vacation accrual and support correct payout of unused statutory leave at termination. [web:390][web:389][web:398] |
FAQ
| WHAT IS THE MINIMUM ANNUAL LEAVE? | At least four weeks of paid annual leave per year; five weeks for employees under 20. [web:390][web:396][web:398] |
| HOW MANY DAYS IS THAT FOR A FIVE-DAY WEEK? | Four weeks equal 20 working days of vacation for a standard five‑day schedule. [web:390][web:396][web:398] |
| IS A CONTINUOUS VACATION BLOCK REQUIRED? | Yes. At least two consecutive weeks must be granted once per year. [web:384][web:390][web:391] |
| CAN VACATION BE PAID INSTEAD OF TAKEN? | Statutory minimum vacation cannot generally be paid out during employment; unused statutory leave is paid out only at termination. [web:390][web:394][web:398] |
REGISTERED EXPERT
| REGISTRY POSITION ID | RE-CH-EMP-001 |
| REGISTRY POSITION | Registered Expert / Employment Law / Switzerland |
| REGISTRY AVAILABILITY | Open |
| VERIFICATION STATUS | No verified participant currently assigned to this registry position. |
| COVERAGE | Swiss employment law with relevance for domestic and cross-border employer matters. [web:390][web:395][web:396] |