No compensation for holiday pay in the case of full-time employment

In the case of full-time employment with the same employer, no holiday pay may be compensated, even if the employee works irregularly.

The Federal Supreme Court has specified that in the case of

• full-time job
• same employer
• variable nature of the salary

a mandatory ban on holiday compensation applies.

This should enable the employee to recover without being prevented from doing so by the loss of wages. Therefore, the holiday pay is to be paid out when the holidays are actually taken. In view of the software and time recording systems available today, the calculation of the holiday pay is quite reasonable even in the case of monthly wage fluctuations. (Source: 4A_357/2022 of 30 January 2023)