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Employment law question

  • 21-11-2004 12:18pm
    #1
    Registered Users, Registered Users 2 Posts: 41,158 ✭✭✭✭


    OK. I booked some holidays in July/August for January. I then started a new job in September. I did not tell my employer until about a month ago but my boss is now refusing to give me the time off. A colleague has advised me that in cases like this the employer must pay you back for your holidays. Is my colleague right? does anyone know?

    It was so much easier to blame it on Them. It was bleakly depressing to think that They were Us. If it was Them, then nothing was anyone's fault. If it was us, what did that make Me? After all, I'm one of Us. I must be. I've certainly never thought of myself as one of Them. No one ever thinks of themselves as one of Them. We're always one of Us. It's Them that do the bad things.

    Terry Pratchet



Comments

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


    Johnnymcg wrote:
    OK. I booked some holidays in July/August for January. I then started a new job in September. I did not tell my employer until about a month ago but my boss is now refusing to give me the time off. A colleague has advised me that in cases like this the employer must pay you back for your holidays. Is my colleague right? does anyone know?
    I don't fully understand. You booked a holiday with one job, then started another job (in a different company presumably).?

    Basically, when you take your holidays is up to your employers. You can't decide "I'm taking my holidays at this time" and your employer is obliged to let you go. Doesn't work that way.
    In the interests of good employee relations (and ease of administration in the case of large companies), many companies allow employees to decide their own holidays, and to carry holidays over from the previous year, even though they're not obliged to allow it.
    Other companies, mainly small companies decide that the entire company takes two weeks off at a certain time, and except in certain circumstances, employees must take their holidays at this time too.

    So basically, no, your employer is not obliged to refund the cost of your holiday. Surely it's not too late now to get a full refund?

    http://www.oasis.gov.ie/employment/holidays_and_leave/annual_leave_public_holidays.html


  • Registered Users, Registered Users 2 Posts: 3,210 ✭✭✭Tazz T


    In fairness, you should have made it clear when you were offered the position that you had a holiday booked.


  • Closed Accounts Posts: 4,038 ✭✭✭penexpers


    Usually they ask at job interviews about holidays booked.


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    Johnnymcg wrote:
    OK. I booked some holidays in July/August for January. I then started a new job in September. I did not tell my employer until about a month ago but my boss is now refusing to give me the time off. A colleague has advised me that in cases like this the employer must pay you back for your holidays. Is my colleague right? does anyone know?


    no. wrong.

    theyt dont.

    its up to you to make sure you can go on your holiday, and your employer does not have to give you time.

    its pretty much your own fault. you should have said it to your employer during your interview, or immediately upon getting a contract.


  • Closed Accounts Posts: 1,819 ✭✭✭K!LL!@N


    You should really have told them, once you were offered the job.

    Killian


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  • Registered Users, Registered Users 2 Posts: 2,781 ✭✭✭amen


    but if you were leaving a job and say had worked for 6 months giving you 9 days holidays at 1.5 days per month
    and you then left the job having only taken 2 days holidays your boss would be obliged to pay you for the 7 days holidays not taken or allow you take them before finishing


  • Registered Users, Registered Users 2 Posts: 20,099 ✭✭✭✭WhiteWashMan


    amen wrote:
    but if you were leaving a job and say had worked for 6 months giving you 9 days holidays at 1.5 days per month
    and you then left the job having only taken 2 days holidays your boss would be obliged to pay you for the 7 days holidays not taken or allow you take them before finishing

    yeeeeeeeees, but thats a little bit different from what is being asked here.


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