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Can they do this?

  • 24-03-2004 4:49pm
    #1
    Closed Accounts Posts: 2,972 ✭✭✭


    I've recently started a job(jan), and the office here in ireland at the moment is only in the setup stage, so there's only 3 of us. Myself and two foreigners. The two foreigners are heading home for easter, and they're saying i have to take my holidays aswell. IF this comes to pass I will have 6 holiday days left for the rest of the year, what the **** am i supposed to do for 2 weeks in april in ****ing ireland?

    Can they make me take holidays? What are my options?


Comments

  • Registered Users, Registered Users 2 Posts: 2,758 ✭✭✭Peace


    It will be in your contract...have you read it?


  • Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    Well, it makes sense, I'm afraid. Its either tell you to take your holidays now, or run the office alone at 70% of the cost and 30% of the productivity...

    As for legally, I don't think theres anything you can do to make them not give you a holiday now. They can pretty much choose when they want to open and close the office.


  • Closed Accounts Posts: 2,972 ✭✭✭SheroN


    What a pile of ****.


  • Closed Accounts Posts: 17,208 ✭✭✭✭aidan_walsh


    Better make the most of it. Two weeks in Trabolgan and you'll be back to the boards a happier man...


  • Closed Accounts Posts: 2,972 ✭✭✭SheroN


    Nah i think i'll just hand in my notice actually. **** that for a wet **** in the rain.


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  • Registered Users, Registered Users 2 Posts: 2,934 ✭✭✭egan007


    What are my options? [/B]

    i see what you mean 2 crates of guinness or one....

    na just kidding ;) - you are in a good position in that you sound like you don't really need the job and you will be the only one running things. Lean on them - say if they force holidays you want double pay for holidays - take the hols and pay - after getting paid - leave :):)


    You could join a union or ask the labour relations. ...but i prefer the other way


  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭Sleipnir


    Naaw i don't see how they can make you take your holidays at a particular time.

    I mean, what if a company says
    "We want you to take you're entire holidays in one go starting from january 1st and then you get no more days off until January 1st next year"

    Are they allowed do that? I doubt it. Have you had a look at Oasis?
    Are you contracting?


  • Closed Accounts Posts: 2,972 ✭✭✭SheroN


    No im not contracting. I'll sleep on it, the way im feeling right now i'd just tell them to get ****ed.


  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭Sleipnir


    well according to Oasis

    "It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year, or with your consent, within 6 months of the relevant leave year. Further holding over (also known as "carrying-over") of annual leave at your wish is a matter for agreement between you and your employer"


    Seeing as Easter is the 9th of April they haven't consulted with you at least one month before the leave is to be taken.
    If you wanted to force the issue......


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


    From: http://www.oasis.gov.ie/employment/holidays_and_leave/annual_leave_public_holidays.html
    It is for your employer to decide when annual leave may be taken, but this is subject to a number of conditions. Your employer must take into account your family responsibilities, opportunities for rest and recreation that are available to you and to consult with you (or your union) at least one month before the leave is to be taken. In addition, annual leave should be taken within the appropriate leave year, or with your consent, within 6 months of the relevant leave year. Further holding over (also known as "carrying-over") of annual leave at your wish is a matter for agreement between you and your employer.
    May be useful.

    Also http://www.entemp.ie/erir/holsbkno8.pdf

    Basically, they can force you to take holidays, provided you have no significant reason to refuse to take them, and they give you one month's notice.


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  • Closed Accounts Posts: 2,972 ✭✭✭SheroN


    Cheers for that. Will come in handy.

    well they didn't give me a months notice?...so they can't force me yea?


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


    That's right. Let's say they told you yesterday - that means that they can force you to take holidays beginning 24th April, but no earlier.
    So you can choose to take the holidays, or to spite them, sit in their office doing nothing and getting paid for it.


  • Registered Users, Registered Users 2 Posts: 5,513 ✭✭✭Sleipnir


    Originally posted by seamus
    sit in their office doing nothing and getting paid for it.


    I do that everyday :)


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