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  #21  
Old 24.11.2012, 22:13
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

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EamesZRH is correct and there isnt an HR department that doesnt know this. Of course many ignore the legal aspect and make their own house rules when they feel the need but for sure they all know it wont hold up in court.
I'm pretty sure you're right, Tilia, but taking their employer to court isn't something an average employee would dream about Moreover, my HR is kinda oursourced so it's more than likely they don't know all the intricacies of the local law and practices.
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  #22  
Old 24.11.2012, 22:30
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

One way of looking at it:

Since employment law is an implicit part of an employment contract, a refusal to carry over leave would be a breach of contract. While there's not much in the way of employment protection, breach of contract is a big (and expensive) deal.

The HR's of these companies aren't doing their jobs, as part of their responsibility is to protect the companies from legal action relating to employment practices. Pillocks. Sack the lot of 'em, I say.

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...but taking their employer to court isn't something an average employee would dream about ...
It does happen though, especially when people know they're on the way out and have nothing to lose. I know of at least two occasions that the mere mention that an employee had taken legal advice had an amazing effect...

I had one guy working for me, and I instructed him to take his holiday. He then came into the office when I was on holiday, worked and didn't clock in... I only found out a lot later. He had zero life outside work. Very sad.
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  #23  
Old 25.11.2012, 01:24
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

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That regulates the following issues:

1. If the annual paid leaves specified in the contract are not used up because of (1) employee personal willing or (2) employer's reason (such as the project does not allow the holiday period wanted by the employee), what to do with them? Get lost? Get accumulated to the next year? Get paid?

2. In which circumstances the employee can ask for unpaid leaves in additional to the paid leaves for personal reasons, and in which condition it can be granted?
What is written in your contract..if nothing about than all issues are based on OR (Obligationen Recht)..
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  #24  
Old 26.11.2012, 20:10
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

Good evening, all!

I guess my employer is having me on (among many others things) about the vacation. He says that it is enforced by the law that once a year I have to take 2 weeks continuous vacation (out of 20 working days). Is that correct or is only brown stuff?
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  #25  
Old 26.11.2012, 20:48
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

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Good evening, all!

I guess my employer is having me on (among many others things) about the vacation. He says that it is enforced by the law that once a year I have to take 2 weeks continuous vacation (out of 20 working days). Is that correct or is only brown stuff?

that is true
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  #26  
Old 26.11.2012, 21:02
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

Thank you very much for your quick answer!
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  #27  
Old 26.11.2012, 21:41
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

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One way of looking at it:

Since employment law is an implicit part of an employment contract, a refusal to carry over leave would be a breach of contract. While there's not much in the way of employment protection, breach of contract is a big (and expensive) deal.

The HR's of these companies aren't doing their jobs, as part of their responsibility is to protect the companies from legal action relating to employment practices. Pillocks. Sack the lot of 'em, I say.

It does happen though, especially when people know they're on the way out and have nothing to lose. I know of at least two occasions that the mere mention that an employee had taken legal advice had an amazing effect...

I had one guy working for me, and I instructed him to take his holiday. He then came into the office when I was on holiday, worked and didn't clock in... I only found out a lot later. He had zero life outside work. Very sad.
can you please send me his CV?
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  #28  
Old 26.11.2012, 21:46
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

what if your employer tells you that you have to take your 20 days on 1 June until 30 June and refuses to grant holiday at any other time. is that legal?
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  #29  
Old 26.11.2012, 23:27
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Re: Is there a law concerning personal holidays (paid leaves) that regulates...

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what if your employer tells you that you have to take your 20 days on 1 June until 30 June and refuses to grant holiday at any other time. is that legal?
Yes it is legal. The employer can choose when employees have their holidays here, it is the law.

However this would be a bit extreme and probably counterproductive.
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