Renamed leave imposed: the rules for the employer

Employees have rights, including to benefit from the leave. As a employer, you have the opportunity to establish paid leave imposed.

In fact, employees are not free to take their paid holidays without your agreement. They must respect some rules inherent in the world of work as yourself you have to do by following them correctly.

But what kind of leave can you impose? In what conditions? What are the obligations to respect? The factorial gives you some explanations.

SUMMARY

Paid leave rules

The paid leave corresponds to the period of interruption of the work of an employee during which he continues to be paid. They are a right to employees, they are mandatory and are exercised in the framework of the labor code.

Each employee has 2.5 working days per month of consecutive works. With the exception of the exceptions and RTT, the calculation on working days cannot exceed the number of 30. The calculation of the paid leave allows you to define the number of days, including each employee to the law.

Furthermore, if the paid holidays are a right, they are also an obligation, both for the employer and for the employee. The latter must take them and cannot request financial compensation in exchange for the remaining free days. The right to disconnect and rest is a principle that must be respected by both sides.

Can the employer impose paid holidays?

The answer is yes. In some cases, the employer has a say on the obtaining of the leave and the applicable terms. The imposed paid leave is possible as long as the employer complies with his obligations.

The holiday period

The employer has the opportunity to define a paid leave period. These imposed leaves are established to facilitate the organization within the company.

In general, these dates are established by a company, establishment or branch contract. If this is not the case, it is the employer who defines the leave period, after an opinion of the social and economic committee (CSE), if the company has one.

If no specific period is defined, it must be between May 1st and October 31st.

Note : According to article D3141-5 of the labor code, the time to take off imposed must be communicated to employees at least 2 months in advance.

The starting order

Sometimes it happens, even very often, that several employees want to take their holidays at the same time. It is also very common during the summer and months of July and August.

To guarantee once again the correct functioning of the company and limit absences, the employer can impose an order of departures on vacation.

This starting order can be set by collective agreements, uses or by the employer himself. However, it must meet certain legal criteria such as:

• The family situation of the employee (single family, presence in the house of a disabled person or an elderly person who loses autonomy, parents of educated children on vacation, etc.);
• The seniority of the employee;
• The existence of a possible professional activity in one or more other employers.

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Note : The leave imposed on the basis of the starting order must be communicated to the employees at least 1 month before the desired departure date.

Employees on fixed -term contracts

The taxable taxation also concerns employees on a fixed -term contract (CDD). In fact, they have the same rights as people in permanent contracts and therefore accumulate 2.5 working days of leave per month of actual work.

In addition, the counting of the paid leave of these employees is the same as they benefit from identical rights.

The closure of the company

When a company has little or no activity in certain periods of the year, the employer can decide his closure. The imposed leave can enter into force during this period. But this can be subject to consulting the social and economic committee previously.

However, the closure should not exceed the legal duration of the leave. In this case, the employer will have to pay compensation of his employees at least equal to the paid holiday allowance. The closure of the institution cannot be performed without the existence of a branch, a commercial or institution agreement.

If this closure does not exceed 24 working days, employees will see their divided holidays. They will therefore be able to spend the other days of vacation at their liking.

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Note : In the event of exceptional circumstances (such as the Covvi-19 health crisis), orders can allow the employer to impose paid holidays or modify the leave dates already placed, under certain conditions and with a reduced notice.

How many paid holidays can impose the employer?

The employer can impose a number of leave dates to its employees in some cases, for example, as we have seen previously, if the company closes during the summer holidays. But how many weeks are we talking about?

Can the employer impose the 5 weeks of paid vacation?

Yes, the employer can impose the 5 weeks of paid holiday for his employees. However, he cannot force them to take them all at once.

Can an employer impose 3 weeks of paid vacation?

No, the employer cannot impose only 3 weeks of paid leave for his employees. The legal limit is 24 working days or 4 weeks.

4 weeks of paid holiday imposed by the employer, is it possible therefore?

The employer can impose 4 weeks of paid vacation, but no less.

💡 To know : If a company can impose, it can also refuse an employee’s request for a family event such as a wedding, adoption or death. For his part, the employee can very refuse a late and unjustified modification of leave if the employer has not respected the social security deadlines and the information provided for by the law.

Late modification of the leave

In some cases, the employer can be required to change the late leave, less than 1 month before the employee’s initially planned departure date.

These changes must be justified by exceptional circumstances such as the controlled administration of the company or the urgent replacement of a brutally deceased employee. If the exceptional nature is not recognized, the employer may find himself in the obligation to compensate for the injured employee.

Can the paid holiday be imposed during the resignation notice?

When an employee is about to resign, the rules for taxation imposed several during the resignation notice.

In fact, they vary depending on whether the holidays were provided before or after notification of the termination of the employment contract. If the paid holidays were validated before the notification of the breakdown, the employee is required to take the paid holidays on the decided dates.

In this case, this can sometimes precipitate the employee’s departure, especially if his employment contract ends at a date later at the end of his leave.

On the contrary, the employer cannot impose the employment of a employee in the resignation notice. It must be fixed with a mutual agreement.

Finally, if the company applies paid leave imposed For the closure, the resignation follow the same rules as the other employees. He has to do his holidays.

The employer will pay him the compensatory allowance pursuant to the notice period that could not be carried out. And will also receive compensatory compensation for a paid leave.

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