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Resolved Question

Can a company force me to take leave when they are closed between Christmas and New year ?

My company is closed between Christmas and New Years. Are the allowed to deduct the days they are closed from my annual leave ? 64 mths ago

Best Answer

Yes they are. By law, an employer is required to give an employee a certain number of meave days a year, as and when it suits the employer - that is why you have to aplly for leave. You cannot just take leave when you please. If the company's policy is that all staff takes leave on a specified time, then that is it. I give my staff the days for free - I do not deduct it from their leave. It is not that they are "entitled" to this, but rather that I want to do it, because I want to also show them that I appreciate theri input and effort to make our business run sucessfully and profitably. Loyalty works both ways.

64 mths ago

Answers -

No, the time they are closed is not suppose to interfere with your annual leave, its their decision to be closed not yours.

64 mths ago

Yes, you'll most likely find that this is stipulated in your conditions of employment contract. Same with me, not the same for my wife though, she's lucky. She gets her 21 days leave over and above the time for which the company is closed.

64 mths ago

Nee wat , as dit hul beleid is om toe te maak kam dit nie afgetrek word nie.

64 mths ago

I work for a labour broker, and we ourselves are being forced to take leave this December. We don't have to take leave, but then two weeks wages will be deducted off our salaries because we aren't working for the money.

64 mths ago

It is most likely stated in the contract you signed when you joined. If not, then by law they can't deduct leave. But if it is, you are bound to take leave. A lot of companies work like that. You take the bulk of your leave in December when they are closed, and get something like 5 days for the rest of the year. If you can work from home somehow, why not arrange some deal with your boss to work in this time and take the leave somewhere else.

64 mths ago

It probably is in your contract of employment.My company closes between Christmas and New year and they have the same policy.They allow me to work though because I catch up with so much when its quiet and I prefer to take leave during the year.

64 mths ago

What did your employment contract/conditions of service state? Did you sign it? If it stated that they close during that (or any other) period, and that you would be required to take leave, and you signed it, then you agreed to it. It is a perfectly legal requirement. Of course, if you didn't like that clause, you could have turned down the job!

64 mths ago

NO As far as I have been informed it is illegal to force any one to take leave. Unless it is stated on your contract you have signed with the company. Contact a labour department to find out. I know the gov for the past two years. Some of the departments would just close. Force people to take the two weeks over Christmas that was extract from the annual leave. They are not doing so this year as it is illegal.

64 mths ago

Conveyancer has got the answer.... Unfortunatley it is like that as far as you are concerned. Nothing "illegal" about it.

64 mths ago

its probably not exactly legally correct - but they will find a way to make you do it their way :( Just enjoy the time off away from the mean sods anyway ;) My hubby put in leave for between Cmas and New Year and was told that his leave has been extended and will now start on the 22nd ......YAY, its beach weather, not work weather

64 mths ago

Same thing this side, I had to put in 4 days leave. Last year they said they were closing and we all got all excited and then we were told to put in leave. They even made the receptionist come in to answer the phone over those days. She was the only one here. SLAVERY is alive and well in SA!

64 mths ago

Depends on your contract.

64 mths ago

I know of a few people who's companies are closed and yes, they have to take those days and yes it does come off from their annual leave days.

64 mths ago

Conveyencer is correct. We were never forced to take leave at Christmas but I prefered to take mine then. They always had a skeleton staff working so we never closed completely.

64 mths ago

I'm one of those people who've had a lot of jobs over the years and 99% of the companies I've worked for deducted the days they close over the Christmas period off your leave - that is just how they screw you too :-( The really good companies that give you those days over and above your leave are so few and far between I don't think their staff leave!

64 mths ago

Yes

64 mths ago

Do you like having a job? Don't rock your lifeboat.

63 mths ago

IT WOULD BE WRONG. IT IS A PUBLIC VACATION BUT IT SHOULD NOT BE ONE. BUT THIS IS IRRELEVANT TO YOUR QUESTION

63 mths ago

If a company closes over the christmas period it is definately part of your leave. Hey, at least you have job!!!

63 mths ago

What you gonna do if the doors are locked and you can't get in? Sit outside for 8hrs, then go home? Do some planning next time and just take your leave. I work for a place whereby if I don't take a certain amount of leave in a year, it expires, and this seems to be a trend these days so companies don't have to pay out the accumulated leave days when you leave or get fired. Then again, does it really pay to slog it out year in year out, and accumulate all that leave days? For what? Your health deteriorates, your boss is always smiling and you're always in the dumps. There is no positive outcome, so just go on leave and enjoy it....even if it means sleeping in for the next 2 weeks....hopefully with someone nice, but if not dream about it.

63 mths ago

If I were you, I would contact a labour expert just to make sure. The country's labour law overrides anything you might have in a contract with an employer. For many years, employers put what suited them in the contracts. But the labour law has changed very much in favour of the employee over the past ten years. But even if you find that you are in your rights and they cannot deduct leave that they have forced you to take, it may not be worthwhile your making waves, though it is pretty irritating. But, for interest sake, consult a labour expert to get his opinion.

63 mths ago

I suggest check your contract of employment. My husband's company closes over the Christmas period every year and for the past fifteen years, he has been taking leave for that period. Another source that might be able to help:**www.labourguide.co.za***

63 mths ago

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