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The end of the year is approaching and some of your employees still have a fair number of holiday days to take before 31 December.
So what are the rules and your obligations in such cases?
In the absence of a joint committee or company agreement, the period of leave has to be determined based on an individual agreement between you and each employee.
The employee can therefore never unilaterally impose the date of his leave on you. Conversely, you cannot force your employees to take leave on dates that suit you.
Days of leave must be allocated before 31 December 2023, it is therefore prohibited to carry over leave days not taken in 2023 to 2024, even if you and the employee agree!
We also repeat that the following rules apply:
An employee is prohibited from waiving days of leave to which he is entitled. The fact that the employee does not make use of his leave does not mean that you cannot regularly see to it that your employee actually takes all his leave before 31 December 2023.
If you cannot impose leave dates on him, you can still avoid problems by informing him in writing of his obligation to take all his leave days before the end of the year and asking him to schedule his remaining leave days.
If the employee is unable to take all or part of the leave to which he is entitled in 2023 before the end of the year due to force majeure or a suspension of the performance of his contract (e.g. in case of illness or childbirth), he forfeits the entitlement to the leave days. Remember, these may not be carried over to the following year.
If it regards a non-manual employee, you will still have to pay him the holiday pay for the leave days not taken by 31 December 2023 at the latest.
If it regards a manual employee, the days of leave that are not taken are covered by the holiday voucher he has already received from the ONVA/RJV.
Extra-legal leave days (grade related days, seniority leave, etc.) and days of working time reduction (RTT/ADV) must in principle always be taken by mutual agreement between you and the employee.
In addition, for the taking of extra-legal leave days, reference should be made to the provisions stipulating this, either at the level of the sector of activity or at the level of the company.
The days of working time reduction (RTT/ADV) must be taken before the end of the year to ensure that the average weekly working time is observed.
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