At the end of the year, the company took a vacation, but I didn’t have one. What about you?

Free between the outer lights of the wind of our sweat. All the more so if the owner of the company first decided on those three days, plus, when at the end of the year there is not much money. But what to do in case the company closed, but took a vacation and we exhausted ours? The question of tenky iDNES.cz is answered by lawyer Kamil Tvarka.

f nm vera announced that we have to take time off from 23rd to 31st December, because the company does not work and for this period closes. Jene exhausted her day off. How to do this situation ?, ask yourself thin.

If I may give me a vacation at work, do you have to let me know in advance?
The intended permission must be made in writing by the employer and notified to the employee at least 14 days in advance, unless the parties agree otherwise. It doesn’t matter if the days are between holidays at the end of the year or a company-wide holiday.

It’s actually about three days. Do you have to work them over or do I have to take unpaid leave?
In this particular case, the agreements between you and the employer are wrong and it is only up to him to decide whether he can solve the situation in another way, for example by being able to work freely. However, if the employer does not know the operating conditions, or does not want to leave it for any reason, then he will not lose anything other than unpaid leave.

I work in companies as an ethnic group, I could also work from home.
For the home office (work from home) equal pay, it can be realized only on the basis of an agreement between the employer and the employee. The first year is not, so bad only on the skill to explain to the employer that it pays off, on the other hand, it’s about his greed and helpfulness.

I’m not the only one allowed to make mistakes. The proposal is such that after those three days leave the holidays of the first year, is the company the first to do so?
One of the many ways to solve the whole situation is actually some form of sweating allowed from the following year. The employer also provides me with employees who have not taken a holiday for which no claim has been made so far, provided that the employee meets the conditions for a working holiday by the end of the calendar year or by the end of the employment relationship. The employer can do so without your consent, because he is determined by the legal permit. In the given situation, I consider this to be an accommodating approach on the part of the employer.

We have a suspicion that they will just be afraid that customers will be free outside, no one will come to the store, but he will have to pay wages and light and heating, so he wants holidays for employees. Is such a procedure in accordance with the law?
Operational problems with customers or orders are the sole responsibility of the employer. If it moves within the final mantinel, it is only up to it whether it is allowed above the pump or choose another procedure. Some employers with a production program may have a long-term unfavorable situation with orders in such a way that some employees from the operation in question leave 60% of their wages with the fact that they do not go to work. There are no limits to creativity, but they always depend on the specific operating situation, corporate affiliation and willingness to act.

However, the firstists of the Sttnho series of labor inspection have a different opinion. Disagreement with the deposit, according to which the employee will not be left with anything else to work overtime or take unpaid leave. According to them, the employer must not be able to choose a holiday that could arise in the following year. He is certainly the first employer to give a collective right, he is also responsible for doing so in accordance with the first. If he misbehaves and let his employees take their leave during the year, he cannot punish them for their wrongdoing. Therefore, if he insists that they should not go to work and will not be assigned to work, then it is clearly a matter of work on the part of the employer and the employer is obliged to pay employees for this period. .

And so we passed one first in a week. I agree that in such a case, the employer will give the employees an erp of leave, for which he has not yet had a claim (ie an erp of leave from next year). But I don’t think the employee has to take unpaid leave. Here he points out to the inspectorate that it is a matter of work on the part of the employer with the right to compensation of wages, to the lawyer Pavel Nastis.

On one thing all the experts agree, on the first there is nothing black and on everything we have more expert opinions that differ. The only arbitrator to decide in the event of a dispute is the court. The best option, of course, is to agree.

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