Forced leave

makluse

I am with a company for 5 years contracted into a major employer in the Dublin area. After I came back from my Christmas holidays I was informed that my position was being taken in house and as part of cost cutting and I had a month left in that position. After this I was send on 4 week cjob abroad which finished and I returned the middle of last week.
The next job they have is another long term contract but does not start for another week but in the current climate at least I have a job

My dilemma is that I have been informed that until this job starts I have to take either unpaid leave or holiday time, which is 8 days, over 1/3 of my holiday entitlement. My girlfriend lives abroad so I use all my time off to be with her, meaning this will be cut greatly this year.

My question is can they make me use my holiday entitlement at a moments notice and/or can they make me take unpaid time off and if so can they do this indefinitely?

Thanks in advance

M

censuspro

You say you were contracted and now your position has been taken in house. Are you an employee or a contractor? There's a big difference between the two and very different implications.

Nody

Census_Pro wrote: »

You say you were contracted and now your position has been taken in house. Are you an employee or a contractor? There's a big difference between the two and very different implications.

Sounds to me that he's with the agency and the agency tells him either holiday or unpaid leave as you don't have a contract.

To OP they have given you a choice, unpaid leave or holiday so to me it seems you have a choice.

makluse

I am a full time employee, not a contractor, just wondering if they could leave me on this situation long term, make me use all my holidays then have to take unpaid leave and force me to find alternative employment therefore losing out on redundancy

Shelflife

They cant force you to take your holidays , but if they have no work for you they can lay you off temporarily. by offering to call it holidays you continue to remain on their books.

Its up to you, they cant make work magically appear, and they cant afford to pay anyone to sit around doing nothing. if after your holiday entitlement is used up they still have no work then they will have to formally lay you off.

Nody

Shelflife wrote: »

They cant force you to take your holidays

Yes they can, the employee has no say in when holidays are taken but it has to be done with a month's notice and a few other conditions.

makluse

I was told Friday I had to take the following week off, thats the notice I was given

leeroybrown

This isn't the same as a normal annual leave situation. They're telling you that there is no work for you and are giving you the option of either unpaid leave or a weeks annual leave. They're not making you take your holidays at short notice.