PRACTICAL SHEET. The no show of an employee, a new job site urgent are all events that may lead you to ask an employee to change his vacation. Indeed, it is possible, under certain conditions, change the order and dates of the departure on leave of the employees. But be careful, the rules have somewhat changed since the law work.
Dates of paid leave : how to set them ?
- Counting overtime in the CONSTRUCTION industry : the impact of paid leave
In the absence of agreement of the company, to determine who goes when on leave, you must first collect the wishes of your employees. But then it’s up to you as it is to fix the dates of departure of each, after prior consultation with the staff representatives on the order of departures.
Different criteria, however, should weigh in your decision including :
– the situation of the family and, in particular, the possibilities of leave of the spouse or partner PACS, as well as the presence in the household of a child or a disabled adult or elderly person in loss of autonomy ;
– the age ;
– the activity at another employer.
In addition, for the ETAM and executives in the CONSTRUCTION industry, whose children attend the school, the leave will be given, to the fullest extent compatible with the service, during a period of school holidays.
When several members of the same family, living under the same roof, work in the same company, their decision to leave simultaneously will be considered preferentially if they wish but will remain subject to the requirements of the service.
It should be convenient to display (or distribute) order and the schedule of departures leave on construction sites, in workshops and offices, and to individually inform by mail or memo to each employee of his vacation dates.
Dates of paid leave : are there limits to their change ?
If it is you who fix the dates of departure, then you can’t change them when you want.
Before taking action, it is necessary to check if a company agreement or, failing that your collective agreement contains specific provisions in case of modification of the dates of departure. The company agreement takes precedence over the collective agreement.
If this is the case, you apply the provisions of your enterprise agreement. He must set deadlines that you must adhere to if you intend to change the departure dates. The act of work does not impose a minimum period of time (labour Code, art. L. 3141-15).
- Paid leave in the CONSTRUCTION industry : the end of the reference period is coming soon
- Paid leave : how are they acquired and when must they be taken ?
In the absence of a company agreement, except in exceptional circumstances, the order and the date of departure on leave may not be amended in the month prior to the date set for each employee (labour Code, art. L. 3141-16).
The compliance dates are holidays that have been adopted shall be binding on the employer as to the employee.
Regarding ETAM and executives, the rule is more strict : in the exceptional circumstances where, less than two months before the date fixed for the leave, lead them to postpone this date, at the request of the company, a prior agreement must intervene with it for an appropriate remedy.
It is the same if on leave, the ETAM is recalled for a period exceeding the leave time remaining. If the interested party is reminded that for a few days and that he wants to leave to finish his leave, the costs incurred by this move will be refunded. The days of leave not taken will be carried forward.
However, it is possible to change the dates of CP to one of your employees more than 2 months before the dates scheduled for his departure, without compensation. To this end we offer you a template letter to announce the report :
Letter of postponement of the dates of paid leave
(doc | 1 page | 808 Kb)
To learn all about paid holidays in the CONSTRUCTION industry, Editions Tissot you advise ” Absence and leave in the CONSTRUCTION industry “.
Source : Editions Tissot
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