OR Art. 329b -
Einleitung zur Rechtsnorm OR:
The Swiss Code of Obligations is a central code of Swiss civil law that regulates the legal relationships between private individuals. It includes five books that cover various aspects of contract law, law of obligations and property law, including the formation, content and termination of contracts, as well as liability for breach of contract and tort. The Code of Obligations is an important code of law for business and everyday life in Switzerland, as it forms the basis for many legal relationships and contracts and has been in force since 1912, whereby it is regularly adapted to social and economic developments.
Art. 329b OR from 2025
Art. 329b Reduction
1 Where in a given year of service the employee through his own fault is prevented from working for more than a month in total, the employer may reduce his holiday entitlement by one-twelfth for each full month of absence. (1)
2 Where the total absence does not exceed one month in a given year of service and is the result of personal circumstances for which the employee is not at fault, such as illness, accident, legal obligations, public duties or leave for youth work, the employer is not entitled to reduce his holiday entitlement. (2)
3 The employer may not reduce the holiday entitlement of:a. a female employee who is prevented from working by pregnancy for up to two months;b. a female employee who has taken maternity leave in accordance with Article 329f;c. (3) an employee who has taken parental leave in accordance with Article 329g or leave in the event of the mother’s death in accordance with Article 329gbis;d. an employee who has taken carer’s leave in accordance with Article 329i,e. (4) an employee who has taken adoption leave in accordance with Article 329j. (5)
4 A standard employment contract or collective employment contract may derogate from paragraphs 2 and 3 provided that, taken as a whole, it gives employees terms of at least equal benefit. (6)
(1) Amended by Art. 117 of the FA of 25 June 1982 on Unemployment Insurance, in force since 1 Jan. 1984 ([AS 1982 2184], [1983 1204]; [BBl 1980 III 489]).
(2) Amended by Art. 13 of the FA of 6 Oct. 1989 on Youth Work, in force since 1 Jan. 1991 ([AS 1990 2007]; [BBl 1988 I 825]).
(3) Amended by Annex No 1 of the FA of 17 March 2023 (Daily Allowance for the Surviving Parent), in force since 1 Jan. 2024 ([AS 2023 680]; [BBl 2022 2515], [2742]).
(4) Inserted by Annex No 1 of the FA of 1 Oct. 2021, in force since 1 Jan. 2023 ([AS 2022 468]; [BBl 2019 7095], [7303]).
(5) Amended by No II 1 of the FA of 20 Dec. 2019 on Improving the Compatibility of Work and Caring for Family Members, in force since 1 July 2021 ([AS 2020 4525]; [BBl 2019 4103]).
(6) Inserted by No I of the FA of 16 Dec. 1983, in force since 1 July 1984 ([AS 1984 580]; [BBl 1982 III 201]).
Es besteht kein Anspruch auf Aktualität und Vollständigkeit/Richtigkeit.
