Free around the holidays or during a popular holiday period? That seems obvious if you've built up holiday days. Yet employees sometimes get an unexpected rejection from their employer. In this edition of ‘De Unie in action’, you can read about your rights, how an employer should assess a holiday request, and how we helped one of our members.
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The problem
A member of De Unie wanted to take a few days off around Christmas. Even before the official request had been submitted, the manager announced that everyone would be required to work during that period. Our member was unsure whether this was allowed and contacted De Unie for advice.
The situation caused uncertainty. Because when can an employer actually refuse a holiday request? And what can you do if you disagree with it?
The principle
As an employee, you have holiday entitlement. This is regulated by law. An employer can only refuse a holiday request if there is a compelling reason. This could include, for example, serious problems with staffing or the continuity of work.
In addition, a collective labour agreement or staff handbook may contain further agreements on holiday periods or minimum staffing levels. Therefore, it is important to always check which rules apply within your organisation.
This is what De Unie has done
Our legal specialists first reviewed the collective labour agreement and the company's internal rules. This revealed that the requested days were not automatically considered collective days off. Therefore, the employer was permitted to request attendance, but was required to carefully consider individual requests.
We advised our member to engage in a conversation with the employer and together seek a practical solution. Because the relationship with their manager was good, the member was able to have this conversation perfectly well on their own. It also helped that they were well-prepared and knew what rights and possibilities were available.
In many situations, De Unie can also negotiate on behalf of members or provide them with legal support.
The solution
Following consultation, a suitable solution was found after all. The member was granted the desired days off and clear agreements were made about planning within the team.
The situation shows how important it is to seek advice in good time and to first examine the rules within your organisation carefully. A rejection does not automatically mean that there are no more options.
Need help with a conflict regarding leave or employment terms?
Are you also facing issues relating to holidays, working hours or other terms and conditions of employment? The specialists at De Unie would be happy to look into the matter with you. Sometimes, a good discussion is all it takes. In other cases, we can provide legal support or take action on your behalf. Our Service Centre can be contacted every working day via sc@unie.nl 0345 851 963.
