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Until June, your boss can turn your vacation upside down


An employee notes her vacation days in her diary. Illustrative photo. (JULIEN MARSAULT / HANS LUCAS)

It is in fact a measure which dates from the first confinement but which was extended very recently. A device that allows your employer to put his nose in your leaves, to impose some on you and to cancel others. In fact, in these conditions, it is not easy to plan a vacation!

The first part of this ordinance concerns paid vacation. Until June 30, your employer can require you to take them on the date that suits him best, for example during an administrative closure or during a period when the decline in activity is significant. He can ask you, and you cannot refuse, to take six days of your paid vacation, or a week of vacation when it suits him. The only condition is that a company agreement has validated this decision, or failing that, a branch agreement has provided for this possibility. In other words, your employer cannot make this decision on his own. And then he has to warn you. He must do it a clear day in advance. A frank day is a whole day, from midnight to midnight. So it can be more than 24 hours in advance.

What is original is that this measure concerns the days of leave to which we are entitled, but which we could not have asked before the start of the next legal period. That is to say not before May 1st. Days that could not have been set until May 1 can be imposed by your boss now. Another very important point, the ordinance which fixes this plan allows your employer to split your main leave, without obtaining your agreement. He can also override the rule that spouses or PACS partners who work in the same company can leave at the same time. He can modify the dates and make them go to different periods. Once again, a puzzle for planning a vacation.

And the RTT? There, the employer’s freedom is even greater. It may, without going through a company agreement or a branch agreement, require you to take them, up to a limit of ten. He may also ask you to draw from your time savings account, always within the limit of ten days. And if you are on an hours package or a day package, your partron can also change the days of leave provided for in your package agreement. Fortunately, this system ends before the summer, on the very last day of June.

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