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Dear Phil Geld: Am I entitled to wages during the RS?
Till (20) has to join the recruiting school soon. His company only wants to pay him 60 percent of his wages during his time in RS. Is this allowed?
Dear Phil Money
I have to go to the recruiting school at the beginning of March. My company only wants to pay me 60 percent of my wages during my time in RS. Is this allowed? Am I not entitled to continued payment of wages?
Anyone who works in the Swiss Army, in civil defense, in Red Cross service or in civilian service is entitled to compensation for loss of earnings - the so-called income compensation (EO) according to the federal income compensation regulations (EO). The compensation for loss of earnings serves to adequately compensate for the loss of wages and earnings resulting from the service.
During the recruiting school (RS), recruits generally receive a standard compensation of 62 francs per day. This applies regardless of whether they were employed, were in training or were still employed during the RS. There is an exception for recruits with children. They receive the same rates as WK service providers - namely 80 percent of their average previous work income, but at least 62 francs and a maximum of 196 francs per day. In contrast to unemployment insurance, for example, the income compensation scheme pays compensation for every weekday. Hence also for Saturday and Sunday.
If the recruit retains his / her employment during the RS and the employer continues to pay the wages for the time of the service, the compensation goes directly to the employer - but only to the extent of his / her continued payment of wages. This means: If the wages paid are higher than the compensation for loss of earnings, the employer receives the full benefit of the EO. If the amount is smaller, the employer only receives the part that he pays out as wages. The rest goes to the service provider.
The amount of the continued payment of wages by the employer is generally based on the contractual agreement. If nothing has been contractually stipulated, the provisions of the Code of Obligations apply (Art. 324b OR). In any case, the employee is entitled to benefits in the amount of the EO compensation and, based on the OR, an additional right to have the same supplemented to 80 percent of his wages by the employer for a limited period (depending on the year of service).
If your employer continues to pay you monthly during the RS, he has to pay you 80 percent of your wages based on Art. 324b OR. Your employer is then entitled to the compensation for loss of earnings.
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