When can a Swiss employer refuse to pay your salary?

The question of the non-payment of salaries is making news, as thousands of Swiss residents are stranded in Abu Dhabi, Doha, and Dubai due to US and Israeli airstrikes on Iran.

As though being stuck in a war zone with no way out is not bad enough, many of these people could also lose part of their salaries if they fail to return to their jobs in Switzerland on time.

Under the Swiss law, employers don’t have to pay for absences from work due to flight cancellations.

“The problem is that Swiss labour legislation does not automatically guarantee continued salary payments, which depend solely on contractual provisions or a collective bargaining agreement,” said Tanja Riepshoff, an attorney for the Swiss Employees Association.

Force majeure

This brings up a question about when a company in Switzerland can legally refuse to pay employees’ wages.

Withholding pay from people stranded in foreign countries due to an armed conflict may seen unfair, given that people are prevented from returning to work through no fault of their own.

But emotions aside, the law is clear on this point: the employee is entitled to be paid only if the incapacity to work is due to personal reasons – such as illness or accident. (More on this below.)

If the reason for missing work is independent of the person (a traffic jam, public transport strike, or flight cancellation), the employer is not required to pay the salary.

The reason is that during a worker’s unplanned absence, the employer has to either fill that position temporarily with someone else, or suffer the loss of performance and productivity. Both situations entail extra costs.

The only way for the employee to recoup the lost wages would be to work overtime, which is doable if only a few hours need to be compensated for, not days or weeks.

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However, not all absences result in the loss of earnings.

Employees are entitled to certain types of paid time off:

Vacation

For full-time work, which is 41 hours per week, employers in Switzerland must allow their employees to have a minimum of four weeks of vacation each year, and at least five weeks in the case of employees who have not yet reached the age of 20.

However, many companies offer their staff more than the legal minimum; the exact number of days or weeks is outlined in an employment contract.

Public holidays

In addition to the statuary four-week annual leave, employees are also entitled to get public holidays off with pay – both national and regional ones.

Parental leave

Until January 1st, 2021, only mothers were allowed to take time off after the birth of their babies — 14 weeks at 80 percent of their usual earnings, although cantonal laws and / or employment contracts may provide for a more generous leave and compensation.

In terms of paternity leave, Switzerland has long lagged behind its neighbours, with fathers allowed to take only one unpaid day off upon the birth of their child.

However, in September 2020, Swiss voters approved the plan to extend this leave to two weeks, with fathers paid 80 percent of their earnings —  up to a maximum of 196 francs per day — during this time.

READ MORE: How does paternity leave work in Switzerland – and who can claim it?

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But that’s not all.

While this does not count as annual leave, employees are also allowed to take paid absence due to extreme or extraordinary situations, including sickness, accidents, military service, marriage, and death of a close relative.

In general, absences from work are covered by Switzerland’s labour law, collective employment agreements, or individual work contracts.

Each of these contain provisions for situations that entitle employees to take time off work without having to miss pay or compensate for the missed hours.

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They include:

• A doctor’s appointment
• A court appearance or similar legal obligation
• Public duties (working as a member of Parliament, for instance)
• Your marriage
• Birth of your child
• Death of a close relative
• Care of a close relative

Moving house is included on that list as well.

In Switzerland, employees are entitled to a day off for moving, as this falls under “special circumstances” in the Swiss Code of Obligations. 

READ MORE: For what reasons am I allowed to get a day off work in Switzerland?