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"No holiday in first year" illegal?


robhaslam

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Can anyone help me out here before I take this a bit further with my company.

Basically I have moved to France from the UK and am still working for the same company. Now it seems I have to accumulate my holiday for the first year before I can spend it in the second year.

The only thing is that this doesn't comply with the EU Working Time Directive which stipulates that holidays are accrued from day 1 to be be spent after the first month...

This is a health and safety directive ("it's not good for people to take no holidays for a year...").

So what's the situation in France...? Should my company comply with this?

Any help appreciated.

Regards,

-Rob-
----
http://www.clickforcare.co.uk/members/m_news/coreissues/bus009.htm

Extract ;

There is an EU law called the Working Time Directive which all members must abide to.
In this law it saws that for day 1 you accrue holidays which can be taken off ;

Calculating Leave Entitlement
The Regulations provide a system which means that the entitlement will accrue on the first year of employment on a pro rata basis to the proportion of the year worked.

Examples given in the Working Time Regulation Guidance shows that a full time worker who has worked for three months will have accrued five days leave. This is calculated as:

20 days x 3 months / 12 months

A part time worker that may work three days a week and had worked for one month would accrue one days leave. This would be calculated as:

12 days annual entitlement made up of (3 days a week x 4 weeks) x 1month /12 months.

If this calculation does not add up to a round number of days the regulations allow for rounding up or down to the nearest full day. This rounding to the nearest day does not apply to the calculation of payment in lieu when an employee leaves the job.

The changes will mean that those who are currently employed on a succession of short term contracts will now gain the entitlement to paid annual leave.

The changes will affect businesses of all sizes in relation to the use they make of people on a short term basis.
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Rob

I am not sure about the legalities of whether you are entitled or not to take holiday in the first year of a CDI, but where I work (in the Lot et Garonne area), I had to work a year before being able to take holiday. It means that if or when I leave, I get an extra months pay as I have accrued my holiday entitlement in advance.

In practice, if I had really needed a day off, I could have had one but as I only work 4 days a week, I can make up time taken off by working my day off.

Hope this helps.

Jenny
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  • 1 month later...
>>John/Di - isn't this regional variation
>>thing strange. Our Leclerc sells
>>Twinings Earl Grey tea,
>
>.....so does Geant! I picked up
>a pack mistaking it for
>Assam yesterday so if anyone
>wants some of this strange
>smelling stuff just send me
>your address!

We have tried the French EGT but the taste is different - not necessarily worse just different
>
>Just found a guy who has
>market stall in Confolens on
>Saturdays selling cheddar and stilton
>to die for.....aaaaaahhhh!
>
So the 1,000 or so French cheeses are not enough eh ?

>regards......helen
>LOL have SIRET but rubbish website!

Rules do not permit my commenting on the latter(unless privately invited ) .


John
http://www.iceni-it.co.uk
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