Employer's Right to Deduct Wages for Over-Taken Vacation Under Collective Bargaining Agreement

The appellate court reviewed a case where an employer deducted wages from a former managing director for vacation and public holidays taken in excess of entitlement following termination. The court reasoned that while the statutory law does not explicitly address an employer's right to reclaim wages for over-taken vacation, a provision in the applicable collective bargaining agreement (GAV) stipulating that the employer can deduct the value of over-taken vacation from the final salary creates a direct, enforceable claim between the contracting parties. Since no mandatory federal or cantonal law superseded this GAV clause concerning the specific public holidays in question, the lower court erred by not applying the GAV provision, thus reversing the decision to the extent that it ordered reimbursement for the properly documented over-taken vacation days.