All-work holidays are particularly associated with factories and industrial production, which is widespread in our country and therefore concerns many of us. Perhaps this type of holiday does not suit you. Unfortunately, you have no defence against it. However, there are certain legal restrictions that your employer must comply with.
Company-wide leave, or collective leave, is leave that applies to all employees of an operation or company. It involves stopping all work for the duration of the leave and employees are ordered to take time off during this time. Such leave can be given to the whole company or to a specific part of the company (for example, a specific workshop or department). Often, full-time leave does not apply to, for example, security or maintenance staff.
In general, the Labour Code says that leave is determined by the employer, with the agreement of the trade union, on the basis of a written leave schedule. In doing so, it should also take into account the interests of the employees. The employer should allow its employees to take the whole of their annual leave and should also allow employees to take one part of it as at least two consecutive weeks. When an employer determines the duration of leave for its employees, it must give them at least 14 days’ written notice.
Tip: Not sure what the holiday entitlement is and when you are actually entitled to it? And what to do if your employer doesn’t want to recognise your holiday even though you have already paid for the trip? Read our article on when and how you can take your holiday.
In practice, this usually works by the employer publishing a leave plan or asking its employees to report leave, which it then either approves or disapproves. Thus, the employer always has the final say on leave. It is therefore not impossible for your employer to order leave without your prior request or agreement.
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In addition, your employer can cancel your scheduled leave and even take you off it. However, in this case, the employer is obliged to reimburse you for any costs you have incurred as a result of the cancelled leave. If you have already paid for flights and accommodation in Sri Lanka, for example, which cannot be cancelled, your employer must compensate you for your costs.
The Labour Code also provides that the employer may, in agreement with the trade union and with the consent of the works council, determine the collective use of leave. But only if this is necessary for operational reasons (e.g. for inventory, deep cleaning, cleaning of machinery or repairs). In this case, the collective use of leave may not exceed two weeks and, in the case of artistic ensembles, four weeks. In practice, this will most often be during the summer holidays.
It may happen that you have already used up your holiday for the year. However, your employer has now ordered you to take another two weeks of collective leave. So how does this work in this case?
Your employer should assign you some work in this case. But if this is not possible, then your employer is obliged to give you back pay, which should be equivalent to your average earnings. This should be the same as the pay you would have received if you had taken ordinary paid leave.
Tip: Learn how to claim wage compensation.
It is not possible for your employer to order you to take unpaid leave. It is the employer’s responsibility to organise the leave and it is therefore an obstacle on the employer’s side. Therefore, it is only his problem that you have already taken your leave.
Theprobationary period is for getting to know each other. The employee has time to make clear whether he likes the company and wants to work there. And the employer in turn can get an idea of what the employee is like, what his work ethic is like and how he fits in with the company. This protects both parties by allowing them to give immediate notice during this time without having to comply with the two-month notice period.
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The law does not stipulate its obligation, but regulates its duration. For traditional positions, the maximum duration is set at three months. For managerial positions, it is six months. If you have a fixed-term employment relationship, the probationary period may not be longer than half of the total duration of the employment relationship.
As far as the probationary period and full-time leave are concerned, again, your employer cannot order you to take unpaid leave, but must find you a job or give you traditional paid leave. In fact, it is possible to take leave even before entitlement. However, you can also expect that your probationary period will be extended by the period of leave.
Tip: Read about sick leave and probationary leave.
You may encounter industrial leave mainly in various factories and industries where regular maintenance, repairs or upgrades to equipment are required. So, you are likely to be affected if you work in the following industries:
Tip: Do you have a signed material liability? You are only liable for damages to a limited extent. What are the limitations on this liability? What about damages caused intentionally or after quenching your thirst with a hoppy drink during working hours? Find out in our article.
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As can be seen from this comparison, full-time leave has more disadvantages than advantages. But unfortunately the laws are clear on this and you have to accommodate your employer. Nevertheless, it is almost always possible to agree on some kind of compromise and arrange unpaid leave at other times, for example. Alternatively, you always have the option of finding another job where collective leave is not an option.
Tip: Find out what the rules are for taking leave in 2024.
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