Employment Law: Am I required to pay wages during the leave period if my employee works on demand?

Upon termination of an employment contract, a period of leave is usually set. This allows both parties to organize themselves, while at the same time enjoying the security of a salary on the employee’s side. 

What about employees working on call, such as a cleaning lady for example? Will the employer have to pay them a salary during the leave period, even if they do not come to work?

On-call work is hardly regulated by Swiss law. However, case law has determined that yes, the employer will have to pay a salary during the leave period!

Indeed, the employer cannot abruptly deprive his employee of a salary. Thus, he will have to pay him a salary during the leave period. The amount will be determined on the basis of the average of the previous monthly salaries. The employee will not be obliged to work during this period.

 

It is always better to clarify this issue in advance, by mentioning a specific clause in the employment contract. 

Lawrence drafts your employment contracts and answers your questions about on-call work!

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