It happens more often than you might think. Someone changes jobs in July, has ten days’ holiday left for the current year, signs the settlement agreement without saying a word, and that’s that. The company doesn’t mention it either. Those days simply disappear. And yet, Article 329d of the Swiss Code of Obligations is quite clear: if there are unused annual leave days remaining at the end of an employment relationship, the employer is obliged to compensate the employee financially for them. It is not optional; it is a legal obligation that many employees are unaware of and that few employers will remind them of on their own initiative.
The calculation is proportional. If your contract entitles you to 20 days’ holiday a year and you take your holiday in August, after seven full months you are entitled to just over 11 days for the current financial year. If you’ve already taken five days, you’re due six days’ pay. The basis for the calculation includes your total gross salary, plus the proportionate share of the thirteenth month’s salary if this is included in your contract. Many people overlook this detail: holiday pay isn’t calculated solely on the basis of your basic monthly salary, but on your total remuneration.
The most important thing is to claim it before signing the settlement agreement, and to do so in writing. Once you’ve signed, it’s much harder to correct anything. If you notice that the final document doesn’t mention the outstanding days, ask HR to explain why. If the company does not respond or denies your entitlement, in cantons such as Geneva or Vaud there are free public employment advice services that can review the settlement agreement with you before you sign it. In many cases, a single formal letter is enough to resolve the issue.