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Minimum leave request

  • 17-06-2016 8:31pm
    #1
    Registered Users, Registered Users 2 Posts: 86 ✭✭


    My a company has seemingly quietly introduced a policy whereby employees must request a minimum of 3 days leave. I am quite shocked to be honest, I can't just request a single day to give myself a long weekend.

    I work overseas so Irish labour laws do not apply but has anyone ever heard of something like this?

    Normally I would google this but all I can get is info about the total minimum days annual leave.


Comments

  • Registered Users, Registered Users 2 Posts: 17,213 ✭✭✭✭therecklessone


    If you were governed by Irish law this would be perfectly legal, as employment legislation gives the employer the right to determine when you may take annual leave (subject to some undefined conditions on to "the need for the employee to reconcile work and any family responsibilities" and "the opportunities for rest and recreation available to the employee")

    See here:

    http://www.irishstatutebook.ie/eli/1997/act/20/section/20/enacted/en/html

    But from a legal point of view in your own case you really need to check your own jurisdiction's legislation.


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    rojito wrote: »
    My a company has seemingly quietly introduced a policy whereby employees must request a minimum of 3 days leave. I am quite shocked to be honest, I can't just request a single day to give myself a long weekend.

    I work overseas so Irish labour laws do not apply but has anyone ever heard of something like this?

    Normally I would google this but all I can get is info about the total minimum days annual leave.

    Annual leave is at the discretion of your employer under Irish law so yes it is legal, if you work for an Irish company and are paid from here you are bound by Irish law even if it is abroad.


  • Registered Users, Registered Users 2 Posts: 1,807 ✭✭✭q2ice


    And whatever it says on your contract takes precedence.
    While Annual Leave is at the discretion of the employer, it cannot contravene what is on the contract you signed unless agreed upon by yourself.

    Not a lawyer, or do I have any legal background, but as far as I know its what is on the contract that matters (unless it contravenes basic human rights/liverties).


  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    q2ice wrote: »
    And whatever it says on your contract takes precedence.
    While Annual Leave is at the discretion of the employer, it cannot contravene what is on the contract you signed unless agreed upon by yourself.

    Not a lawyer, or do I have any legal background, but as far as I know its what is on the contract that matters (unless it contravenes basic human rights/liverties).

    The opposite way round, your contract cannot contravene Irish employment law. Unless your contract clearly states that days can be taken one at a time, the default is that annual leave is at the employers discretion.


  • Registered Users, Registered Users 2 Posts: 86 ✭✭rojito


    OK, thanks for the replies. I guess I was aware of policies such as "you can't take leave within certain periods" which is where the same laws would apply but I had always thought of those as informal agreements, and common sense in most regards, but I had never come across a policy such as a minimum number of days per leave request.

    I will speak to some people who know better about the local situation here but if nothing else, I feel in my case the un-announced way it has been introduced is what galls the most.


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  • Closed Accounts Posts: 6,926 ✭✭✭davo10


    rojito wrote: »
    OK, thanks for the replies. I guess I was aware of policies such as "you can't take leave within certain periods" which is where the same laws would apply but I had always thought of those as informal agreements, and common sense in most regards, but I had never come across a policy such as a minimum number of days per leave request.

    I will speak to some people who know better about the local situation here but if anything else, I feel in my case the un-announced way it has been introduced is what is what galls the most.

    Talk to your union rep.


  • Registered Users, Registered Users 2 Posts: 422 ✭✭yqtwqxqm


    Some companies just take the p
    I worked for a company who would tell you on a Friday that you are taking Monday off as annual leave.
    They would do this about 10 times a year.


  • Registered Users, Registered Users 2 Posts: 1,807 ✭✭✭q2ice


    q2ice wrote: »
    And whatever it says on your contract takes precedence.
    While Annual Leave is at the discretion of the employer, it cannot contravene what is on the contract you signed unless agreed upon by yourself.

    Not a lawyer, or do I have any legal background, but as far as I know its what is on the contract that matters (unless it contravenes basic human rights/liverties).
    davo10 wrote: »
    The opposite way round, your contract cannot contravene Irish employment law. Unless your contract clearly states that days can be taken one at a time, the default is that annual leave is at the employers discretion.

    Badly written post by me. I was agreeing with previous posts but was adding that if your contract had something like that then it would superceede the Irish law. At the same time a contract cannot have worse conditions that irish law.


  • Registered Users, Registered Users 2 Posts: 86 ✭✭rojito


    yqtwqxqm wrote: »
    Some companies just take the p
    I worked for a company who would tell you on a Friday that you are taking Monday off as annual leave.
    They would do this about 10 times a year.

    Jeez, that's poor form, I thought I had it bad.


  • Registered Users, Registered Users 2 Posts: 1,586 ✭✭✭Canadel


    davo10 wrote: »
    Talk to your union rep.
    Haven't you heard? There's no need for unions in this day and age. We're protected by adequate employment equality and labour laws. No sir, no need for unions anymore.

    This post may contain a tongue placed firmly within a cheek.


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  • Registered Users, Registered Users 2 Posts: 1,260 ✭✭✭Irish_Elect_Eng


    There are some industries where Unions are irrelevant.

    But in others they remain essential.


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