# Can you be forced to take the same holidays as your employer



## Pretty Penny (13 Feb 2007)

Hi,
I know this thread sounds familiar but I've searched and haven't found it...so I'm sorry if its staring me in the face.
A mate of mine works in a small business and is being forced to take annual leave because her boss is going away.  Does anybody know if its legal?  It probably is but just thought I'd check!


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## ClubMan (13 Feb 2007)

If nobody has the answer then she should call the DETE Employment Rights section and they should be able to apprise her of her statutory rights in this context.


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## huskerdu (13 Feb 2007)

I have no direct knowledge of this, but it is the case with many employees that they do not have the right to dictate the timing of their vacations. 
Many factories have a close-down and the entire workforce must take their vacations on these days. 

In many jobs, there must be a minimum number of staff on duty, so your vacation request can be turned down if others already have vacation booked. 

Of course, in these circumtances, it is clear that these are your T&Cs, so I dont know if your friend has been given much notice.


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## sparkey (13 Feb 2007)

The only legal right an employee has in relation to holidays are :
(a) the nunber of days off per year
(b) 2 weeks off together beterrn start of june and end of aug.

the exact time of when an employee can take their 2 weeks off is under the employers control along as it is within the time span "b" above.

Also if it is a small company it may be an insurance requirment of the employer that they must be arount to supervise the staff .


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## Joe1234 (13 Feb 2007)

sparkey said:


> (b) 2 weeks off together beterrn start of june and end of aug.



Never heard of that.  Can you post more info on it?


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## ClubMan (13 Feb 2007)

Me neither. Care to quote an authoritative souce for that info?


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## NiallP (14 Feb 2007)

Section 19(3) of the Organisation of Working Time Act 1997 provides that an employee is entitled to two unbroken weeks of annual leave each year (if they have worked for 8 months in that leave year). This leave may be taken at any time (i.e not just between June and September).

However, section 19(3) further provides that this entitlement may be varied by agreement between the employer and employee. Consequently, you should check your employment contract and/or any collective agreements in place to check your annual leave entitlements.


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## ajapale (14 Feb 2007)

Judging from his name Sparky is probably talking about the situation in the construction industry. ie what used to be called "builder's holidays".


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## bazermc (14 Feb 2007)

Dont builders have to take their summer hols at the same time - last week in July first week in August


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## ajapale (14 Feb 2007)

Im not sure but sparky might be describing the *UK* legislation as agreed with the construction industry.


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## Pretty Penny (14 Feb 2007)

Hi Guys,

Thanks for all the info!
Its a five person operation, no written contract other than her legal rights she's not sure what she is entitled to (and nor am I!!).  I've been over legislation but haven't found anything on point as yet.  That said, its entirely theoretical as she's probably not willing to risk her job by making a big thing of it.
She has worked there on her own before (i.e. when owners were away), so its obvious that the owners would just prefer everybody out so they are not taking disrupting business by taking inconvenient holidays when the owners will have to provide cover.
I think its pretty unfair.


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## ajapale (14 Feb 2007)

Pretty Penny said:


> I think its pretty unfair.



Unfair maybe, but in Ireland the employ*er* can dictate when employees can take their statutory entitlement to annual leave.

I know of many people in trade and industry who are forced to take two weeks in July and a week at christmas while the plant is closed down.


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## Pretty Penny (14 Feb 2007)

I realize that Ajapale and think its unfair on those people too.  All im saying is that we have so little days off per year that its unfair not to be able to take them when you want.  Perhaps its the lazy student coming out in me!!


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## shipibo (14 Feb 2007)

Is this a new requirement, or did she know from start of employment, good practice for employer to explain reasons for change, but as posted before, holiday date is at behest of employer.


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