Just assume: tomorrow it will be quieter on the road – except for holidaymakers – and there will be a lot more empty seats on the rush hour train. Many people have a day off tomorrow, even though it is not a public holiday at all. Can an employer force you to take time off?
There are quite a few misunderstandings about public holidays, says employment lawyer Maarten van Gelderen. “People think that it is legally regulated that you are free on public holidays, but that is not the case at all. There is no automatic right to a day off, even on Christmas Day and Boxing Day. Whether you are free depends on the collective labor agreement or the employment contract that you have signed.”
Friday, the day between Ascension and the weekend, is a reason for many people to go on a long weekend and for employers a reason to give people a day off or to ask his or her employees to take this day off. . “That’s possible,” says Van Gelderen. “Provided that it is customary within the company and it is clearly communicated in advance and it is included in the employment contract that these are mandatory leave days.”
Both parties must agree to a mandatory day off
Suddenly compulsory free?
Did your employer suddenly announce last week that you were obliged to take a day off, because it is a good idea to close the office for a day? That is not the intention. The main rule is that the right to request time off rests with the employee. Does an employer want to deviate from this? Then he must record this in writing and both parties must agree.
Also read at Intermediary: ‘Special leave: when do you get time off?’
Is it not in your employment contract or collective labor agreement and you are obliged to take a day off against your will? Then you can file a case and have a serious conversation with your boss next week. ,,The question is always how high you want to play it’, says Van Gelderen. “Having a discussion with your employer is not good for industrial relations.”
In general, the day off between Ascension and the weekend causes few problems, Van Gelderen sees. “What I often encounter are employers who already exempt people from work in the context of a reorganization. Employees no longer have to come to the office, but the employer does assume that vacation days will be taken. That is not allowed and an employee does not have to accept.”
This article was previously published. The text has been adapted to current events.
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