Can we impose on me holiday dates?
Have you ever asked your vacation dates? Be careful, your employer could refuse to grant you leave you want … If in practice, employees and employers have an interest in finding common ground, it is the employer who ultimately decides the date of leave granted to its employees. "They say in everyday language that the employee" take leave ". In reality, it only makes a request to his employer, which is the only one to decide, "says Ms. Carine Geronimi, lawyer labor law.
In August, as economic activity slows, many SMEs and craftsmen even shut their doors altogether, unilaterally fixing the date of summer vacation for their employees. Some are also surprised, and wondered if this requirement is legal. Witness the many comments that bloom about this on the forums.An employee in the computer reports that his company requires him three weeks of vacation during the summer. "Am I a recourse?" He asks. In most cases, the answer is no. Unless the employer has not complied with its obligations.
And particularly that of preventing their employees holiday dates at least one month before departure, as required by the labor code. If your boss refuses to meet your wishes, it also has an obligation to propose another date for leave, and give the reasons. "Otherwise, he incurs the payment of damages," says Mr. Geronimi.
The reconciliation prevails
Another constraint that must call the employer that each employee to give at least 12 continuous days of leave, unless approved it.One way to guard against an excessive fragmentation of its leaves, as reported by the three masseuses who found "that puts us in our head off a half day here, a morning with the, without us having our word say …ยป.
But in most cases, the reconciliation prevails. Employers often even going beyond its legal obligations by ensuring that parents of school children can leave during school holidays, or other employees are idle at the same time as their spouse … In sum, it is the common interest of the employer and his employee not to offend one another.