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  • 16-11-2010 10:24am
    #1
    KERSPLAT!
    Closed Accounts Posts: 31,152 ✭✭✭✭


    My company is shutting down our company for 4 days over Christmas. We normally keep 4 days holidays for this instead of the company shutting down but theyarent giving us a choice in this. Also the 4 days holidays we have now can't be used till next year!! How can they do this? My contract states 20 days per annum! Also can they just shut up shop? we have a contract with set holidays and salery so I would have thought this was wrong, I'm basicly down 4 days pay over Christmas,

    I read the charter but not sure if I can ask these questions, if anymore info is needed just ask

    cheers


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  • Options
    #2
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    Yes, basically they are perfectly free to close up the business all they like, but they cannot force you take your holidays for this year in the next year. All holidays must be taken within the leave year or with the employee's agreement, within the following six months.

    If you do not agree to taking your holidays in the next leave year, then say this to your direct supervisor and refuse to take the days unpaid.

    As you say, you have a contract with set holidays and salary - the company cannot reduce your salary and force you to take unpaid leave. There is a caveat there - if the company is ordinarily closed on these four days and you have used up all your annual leave, then they can refuse to pay you for the days. But in this case, you have the leave, you're entitled to use it.

    You may need to be a little sympathetic though. It's well and good to bang on about rights and responsibilities, but the company may be doing this as a cost-saving exercise in the hope that things will have picked up next year. So it's possibly the difference between taking 4 days unpaid this year or losing your job next year when the company runs out of cash.

    That's pure speculation on my part though.

    Talk to NERA. They can give your employer a quick ring and set them straight on the correct thing to do.


  • Options
    #3
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    What days are you being asked to work...

    Surely it may be a time for some flexability on both sides, maybe there is something you want that you could strike a deal over??

    It reflects badly on both managment and employees if demands are made rather than deals struck for a way forward...

    Before you ring anybody and escalate this too far - have a good talk with your manager and see that can be done... once you escalate this and make an issue of it there is no way back.. you will be forever "the guy who wouldn't help out"


  • Options
    #4
    KERSPLAT!
    Closed Accounts Posts: 31,152 ✭✭✭✭KERSPLAT!


    We aren't being asked to work extra, we are being laid off for 24,29,30 and 31st December, I had holidays set aside for these days but as the company is closing I cannot take them. So I'm left with 4 days extra... But cannot take these till next year.

    I'm down 4 days pay and I'm being refused my 20 days holidays as they said we have to carry the holidays, we had no choice in any of the matters.

    When asked if the holidays could be taken in Nov/Dec but were told no.

    I'm mostly p|ssed bout losing 4days pay tbh, it's a serious hit to take on a apt packet :/


  • Options
    #5
    bbam
    Closed Accounts Posts: 7,410 ✭✭✭bbam


    Sorry I mis read your post :rolleyes: (maybe I can't multitask afterall)

    My point about becoming "the guy who won't (substitute anything here)" is still valid.. Given the times in it you should voice your unhappiness about loosing pay and it's a really bad time for that to happen, but I'd urge caution about taking much action as at least you'll have a job to go back to...
    Become a problem and you could be "shortlisted" down the line :(


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