Holiday Entitlement (Ferienanspruch)
Ferienanspruch is the minimum number of paid vacation days an employee is legally entitled to each year in Switzerland. The federal minimum under the ArG (Labour Act) is 20 days annually for a 5-day week, though some cantons and collective labour agreements (GAV) require more. You must grant these days, track accrual correctly, and document usage.
Swiss employment law guarantees every employee paid holiday time. This isn't a benefit you negotiate—it's a legal floor. Most SMEs encounter ferienanspruch questions when onboarding staff, planning payroll, or managing departures.
The rules vary slightly by canton and industry GAV, but the federal ArG sets the baseline. Mistakes here create payroll errors and can trigger disputes during termination.
Legal Minimum and Accrual
The ArG mandates a minimum of 20 days holiday per year for a standard 5-day, 42-hour week. If an employee works part-time at 80% Pensum, they receive 16 days (80% of 20). Holiday accrues monthly: an employee earns 1.67 days per month.
Some cantons (e.g. Basel-Landschaft, Jura) set higher minimums in cantonal law. Many industry-wide GAVs also exceed 20 days. Check your applicable framework before assuming the federal minimum applies to your workforce.
- 20 days minimum for full-time (ArG, mandatory)
- Scale by Pensum percentage for part-time staff
- Accrue monthly to avoid front-loading disputes
- Check cantonal law and any binding GAV
- Unused days may carry over (details depend on contract)
- New employees can take holiday after a probation or waiting period (set in your contract)
When Ferienanspruch Matters Most
Holiday entitlement becomes urgent at three moments: hire, midyear, and termination. When you onboard staff, clarify holiday rules in the employment contract. During the year, track days used and remaining balance carefully to avoid overpayment or underpayment at year-end.
At termination, outstanding holiday must be either taken during notice or paid out. This is non-negotiable. Many employers forget to pay accrued unused days on the final pay slip, creating legal exposure.
- Document ferienanspruch in every employment contract
- Maintain a simple holiday register (spreadsheet or software log)
- Notify employees of carryover limits well before year-end
- Approve requests in writing and keep signed records
- Pay out unused days on final pay slip if not taken
- If an employee leaves mid-year, calculate pro-rata and pay immediately
The Most Common Mistake
The single most frequent error: failing to pay out accrued holiday on termination. An employee entitled to 20 days yearly who leaves after 8 months is owed 13.33 days (8/12 × 20). Forgetting this payment invites a wage claim and reputational damage.
A close second is misinterpreting carryover rules. If your contract allows unused days to roll forward, you must track them year-to-year. Mixing up calculation methods (monthly accrual vs. annual lump sum) also creates reconciliation headaches.
- Always calculate and pay unused holiday on the final payslip
- Don't assume carryover is automatic—state it clearly in writing
- Use consistent accrual logic across all staff (monthly, not ad-hoc)
- Track by employee name and date in case of disputes
- If unsure about cantonal rules, ask your accountant or a labour lawyer
- Review your employment contract template annually for compliance
Frequently asked questions
- Can I refuse holiday or force an employee to take it all in one block?
- No. Employees have the right to take holiday across the year, not just in summer. You can coordinate timing (especially for small teams) but cannot impose a single block or deny the benefit. Consult your cantonal labour office if disputes arise.
- What happens if an employee leaves after 3 months?
- They accrue 5 days (3/12 × 20). If they took 2 days, you owe 3 days' pay on their final payslip. This is true even during probation—the ArG applies from day one. No exceptions.
- Do I have to offer more than 20 days?
- Only if your canton, a GAV, or your contract promises more. Some cantons and many retail/hospitality GAVs require 24+ days. Check your applicable rules; if you're unsure, offer 20 and clarify in writing to avoid disputes.
General information for Swiss employers, not legal advice. Have a lawyer confirm anything with legal consequences.