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Post Info TOPIC: Annual leave and shutdown period
Anonymous

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Annual leave and shutdown period
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I would like to know if it is fair labour practice to expect from your employees to take more annual leave over the shut down period then what the company is given.Scenario is as follows: Employer wants us to close on the 30th November and open around the 7th or 14th January. Now my concern is that we only get 15 working days paid annual leave. If we were to close on the 30th November it would be around 21 or 26 day that we would be on holiday. The 6 or 11 days over the 15days would then be treated as unpaid leave and be deducted from our salary which i think is unfair as we only get 15 days a year. How can they expect us to take more leave then what they give? I need an expert opinion on this matter please. Is this fair labour practice or is it unfair?

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LP

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Good day 

I refer you to your employment contact, is the contact a fixed term contact or is it a permanent contract?

You will then have to look at the company policy, is this a rule that was always in force and effect or is it a new policy. You will then have to consider your position in the company if you are a manager or general employee.There might be a sectoral determination in place if you are working in a specific sector. Usually employers have a discretion to decide if they are going to close over the festive season or not. If you do not have enough leave then what will occur is the principle of no work no pay. 

The Labour Relations Act, does not specifically set out this policy as an unfair labour practice. It would be advisable to contact the department of labour and allow them to investigate this matter further. 

Kind regards 

LP



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