Paid vacations: which are your rights?
The approach of the summer is the occasion to give a progress report on paid vacation from which each titular person of a work contract profits.
An example practices will enable you to know some a little more about this right to leave, governed by complex rules, often source of confusions.
Mr X works in a society of construction since January 20th, 2002.
With a view his next holidays, Mr X wishes to leave on leave from August 4th, 2008 to August 22nd, 2008.
Society depending on no collective agreement, they are the legal rules relating to paid vacations which are implemented.
First of all: T it has right to paid vacations?
Any employee acquires 2,5 business days of paid vacations per month actually worked during the base period.
This period extends from June 1st to May 31st of the following year.
If this calculation does not lead to an integer, one rounds with the higher figure.
Mr X can thus take the vacation which it accumulated from June 1st, 2007 to May 31st, 2008.
He worked during all the base period, that is to say nths.
He thus acquired 30 (12*2,5).
And if Mr X were part-time?
The part-time employees profit from the same rights to paid vacation as the full-time busy employees.
If Mr X worked part-time, it would thus profit 30 working days a year.
And if Mr X had arrived in the firm during the year?
Let us imagine that Mr X arrived in the firm on November 19th, 2007.
With the difference of the employees having worked for all the base period, Mr X does not have 30 days off paid.
At May 31st, 2008, it would have, according to calculation explained previously, worked nths and half:
6,5 * 2,5 = 16,25
Insofar as one always rounds with the higher number, Mr X would have acquired 17 days off.
However, the law founded a system of equivalence for the calculation of paid vacation. According to this system, one month is equal to 4 weeks or 20 working days in the event of sharing out work over 5 days.
The calculation which proves to be most favorable to paid must be to him implemented.
Mr X works in this society since November 19th, 2007. The period of acquisition of paid vacations stops on May 31st, 2008.
Between on November 19th, 2007 and on May 31st, 2008, Mr X worked 28 weeks.
By implementing the system of equivalence, he worked nths (28 weeks).
Insofar as the employee acquires 2,5 days off paid per month, Mr X has 17,5 days off paid (7*2,5).
While rounding with the higher number, Mr X thus has 18 days off paid according to the system of equivalence founded by the law whereas, according to the conventional system, it would have right only to 17 days.
At which time can it take its vacation?
The period of capture of the vacation is fixed either by the collective agreement or by the employer after consultation of the staff representatives.
The employee must be informed in the month two months before period during which it can pose his vacation.
The vacation is taken in theory between on May 1st and on April 30th of the following year, knowing that the main leave, one duration from 12 to 24 working days, must be taken between on May 1st and on October 31st of each year.
If the vacation acquired by the employee is not taken before the end of this period (April 30th), they are definitively lost (except rare exceptions, in particular if the employee shows that the employer made it impossible for it to take his vacation).
Mr X wishes to leave on leave in August, he thus fits in the legal delays.
Can it choose its dates of vacation?
Mr X must inform his employer of his will to take his vacation from August 4th to 22nd.
The employer will obligatorily determine the starting command on leave of his employees by taking account of the seniority and the family circumstances of the employee.
Mr X will have to adhere to the dates fixed under penalty of making an serious error. Can the employer amend the dates of vacation of Mr X?
The employer with the possibility of amending the dates of leave fixed with the proviso of doing it at least a month in advance.
So until July 4th, the employer can impose an amendment of the starting date on leave without Mr X not being able to it to be opposed. How much days will be deducted paid vacations of Mr X?
The duration of paid vacation is calculated in working days, i.e. the every day of the week except Sunday and been unemployed public holidays.
The calculation of begins first during the day when the employee should have taken again his activity and finishes the last working day preceding the resumption of work.
Consequently, if Mr X works of the Monday to Friday, on Saturday, August 2 will not be deducted as .
On the other hand, saturdays August 9th, 16th and 23rd will be deducted and this, even if, usually he works neither saturdays nor Sunday. The one bank holiday supervening during its vacation T it has an angle of attack?
In theory, when one bank holiday fall during the vacation from the employee, it is not deducted like day off. However, if this public holiday is worked in the firm, he will be regarded as one working day and, so deducted like one day off.
Consequently, if the firm of Mr X remains open on Friday, August 15, this day will be regarded as one day off paid. Contrary, if the firm closes on August 15th, this day will not be regarded as one day off paid. And if Mr X falls ill before his departure on vacation?
In this case, Mr X with the possibility of deferring its vacation if it resumes his work before the end of a spell fixed for the capture of paid vacations (in theory from May 1st to April 30th). If Mr X does not resume his work before the end of this period, its vacation is definitively lost (except if its sick leave is consecutive with an industrial accident or an occupational disease).
On the other hand, if Mr X falls ill during his paid vacation, it cannot require to defer them. Which remuneration T it will perceive during its paid vacation?
During paid vacations, the employer pays to paid allowance of paid vacation forwarded to social security contributions. This allowance is equal:
- maybe to 10% of the total compensation perceived by the employee during the year under review (from June 1st to May 31st);
- maybe with the remuneration which the employee would have perceived if it had continued to work during this period.
It is made implementation of the way of calculating most favorable to the employee.
At all events, the remuneration of Mr X during his vacation could not be lower than its usual wages.