Public holidays in employment law: who gets time off – and who doesn’t?
Public holidays are a highlight in the calendar for many employees: finally a break without having to sacrifice holidays. But not every day is automatically a day off, and certainly not for everyone.
Here we explain the rules that apply in Switzerland – and what employers should be aware of to treat their employees fairly.
1 August in Switzerland: A public holiday for all
Switzerland has exactly one public holiday at federal level: 1 August.
All other public holidays are regulated at cantonal level and, depending on where you live or work, there can be between 8 and 15 public holidays per year.
In general, if a public holiday falls on a regular working day, employees have the day off – unless the company has good operational reasons for them to work anyway.
In this case, there is an obligation to continue to pay – and the employer pays anyway.
Holidays in the home office
The good news is that people who work from home have the same rights as everyone else. If a public holiday falls on a regular working day, you get the day off – and your pay too.
The only exception is if your contract specifically states otherwise.
What happens to public holidays during the holidays?
Are you ready to go on holiday and the public holiday falls during the holidays?
Don’t worry: Public holidays that fall on working days (Monday to Friday) are not considered holidays.
Employees are entitled to an extra day off.
Part-time? Calculate public holidays pro rata
For part-time employees, it depends on how their working days are organised:
- Fixing working days: Does the holiday fall on a working day? If so, you get the day off and your normal pay, no problem.
- Flexible working days: This is where it gets mathematical. Public holidays are calculated pro rata.
For example: If you work 50%, you are entitled to half the public holidays in the year, e.g. 5 out of 10. These days can be used flexibly or booked as time credits.
Hourly wages: public holidays as a supplement
If you work on an hourly wage, you are generally not entitled to holiday pay.
To compensate for this, there is often a public holiday supplement of 3.2% on the gross wage. This covers an average of eight public holidays per year.
A fair solution – at least on paper.
Fair models for all
There are different approaches to equal treatment for public holidays:
- Annual working time: All public holidays are counted against the annual working time – regardless of how the workload is distributed.
- Trust-based working time: The focus is on the results of the work, not the exact number of hours. Holidays can be arranged flexibly.
- Flexitime: No core working hours on public holidays, so they apply equally to everyone.
- Working time accounts: Public holidays are booked as time credits and can be used flexibly.
Tip: Transparency and fair rules not only increase employee satisfaction, but also avoid conflicts.
Tips for employers
To ensure that public holidays run smoothly, employers should consider the following
- Be clear about the arrangements – in the contract of employment or staff rules.
- Calculate pro rata – for part-time employees clearly
- Include public holiday bonuses – for hourly paid employees.
- Promote flexibility – with working time models that treat everyone fairly.
- Regular review – to ensure that all arrangements remain legally compliant.
Conclusion: Holidays with a happy ending
Whether full-time, part-time, home-based or hourly paid, public holidays are an important issue in employment law.
With clear rules and fair models, employers can lay the foundations for happy employees.
And at the end of the day, a happy workforce means a more productive business.
If you have any questions or need assistance, please contact us using the contact form or click the yellow button to make an appointment. We look forward to hearing from you!
If you have any questions or need assistance, please contact us using the contact form or click the yellow button to make an appointment. We look forward to hearing from you!