Reminder of the worker's leave

In which cases it is possible to ask the employee to return to the vacation in advance, what are the notice periods, the repayments due

The eventualities, in company or studio, are at the 39, agenda, and no it is easy to organize vacations, especially when employees and employees are few. However, employees are entitled to 4 weeks of vacation per year which, according to collective agreements, two must be played in the year of maturation, perhaps continuously. Even if the employer has organizational difficulties, he must sooner or later send the workers on vacation, otherwise he can be punished. How to behave, however, if the employee was sent on vacation, but suddenly his presence in the company is necessary? An important unexpected order, another worker to be replaced and, in general, sudden peaks of activity may require recall of the employee's leave . One wonders then if it is possible to impose on the worker an immediate return on vacation, even if he is abroad and if, in case of need, he has the right to compensation, let us immediately take stock of the situation. [19659003] Who decides when to go on vacation?

Despite the holidays are generally agreed between the employee and the employer, it is the latter who has the power to decide the location of the vacation period: the civil code requires that the employer establish the annual period of paid leave, possibly continuous, respecting the minimum period required by law (the law in this area is the Decree on working time [2]) and the negotiation collective

In practice, the employer can choose the exact location of the employee's vacation period even without the agreement of the latter, provided that:

• he has need of worker,
• ensures that the enjoyment of the minimum period of two weeks of vacation provided for in the year of accumulation, or the longer period possibly established by the collective agreement applied,
• within 18 months after the year of Unless otherwise provided in the collective agreement,
• communicates to the worker, with a sufficient and sufficient advance, the placement of the period due.

Can the company change the vacation period? ] Having granted the employee the right to use a certain vacation period, in any event, does not prevent the company from changing the period of use of the worker's leave at a later date, if this is functional for the needs of the activity, with sufficient notice.

The needs of the company on the basis of the transfer of vacation, according to the Court of Cbadation [3] they do not necessarily have to be exceptional and unpredictable, because the changes to the absences are valid: it is enough that l & # 39; 39; employer badesses the needs related to the activity in a different way, so that changes placement of the vacation period already decided or revoke leave granted

Reminder of holiday employee

The power to unilaterally change the period of use of vacations implies that the employer also has the power to ask the employee on early return vacation in case special needs related to the business occur

Can the worker refuse to return from vacation?

case, does not have the obligation of to be available on vacation as specified by the same Court of Cbadation [4]: the generic obligation to be found in the case of employees, in fact, refers to periods of work. With regard to availability during the holiday period, this must be provided by a specific agreement, collective or individual

If there is no agreement that provides for availability during the holidays, therefore , the worker can not be subject to a disciplinary dismissal

Does the employer have to compensate the employee called for leave?

In the event that the employer refers to the employee, he is required to reimburse the costs incurred for transfer of the hotel reservation the flights and the additional taxes

In this respect, the collective public health contract [5] provides that, if the vacation already taken is interrupted or suspended for reasons of service, the employee has the right:

• to reimbursement of the expenses documented for the return trip to the headquarters;
• reimbursement of documentary expenses for the return trip to the place of vacation
• for the traveling allowance for the duration of the journeys themselves

The employee, according to this collective agreement, is also entitled reimbursement of initial and documented costs for the vacation period not taken.

The collective agreement of the Department of Commerce [6] provides, however, that for reasons of service, the employer may call the worker before the end of the vacation period, without prejudice to the right of the employee. employed to complete said period in a subsequent period and the right to reimbursement of expenses incurred, both for early return, and finally return to the place from where the worker was been recalled. In this case, the right to travel or mission allowance is excluded.

No compensation also according to Iran's application guidelines (the Agency for the Representation of Public Administration Negotiations) issued in May 2016, which recognize employees of the sector public the only right to reimbursement of documented travel expenses

Reminder of vacations: how to behave to avoid litigation

In all cases, in order to avoid any dispute, it is recommended to the employee ordered by its collective agreement concerning availability during the holidays; with respect to the employer requesting early return, compensation for all the injuries actually suffered by the worker is desirable

notes

[1] Art. 2109 cod. Civ.

[2] Leg. 66/2003.

[3] Cbad. Sent. n.1557 / 2000.

[4] Cbad. Sent. not. 27057/2013.

[5] Art. 19 Co. 10, Ccnl Public Health.

[6] Article 151, International Trade