Is closing down the workplace for a specific period legal?
Yes, employers may close down a workplace if the process is managed lawfully. Employers may have a regular closedown once a year (commonly during Christmas/New Year season). Workers who are entitled to annual leave at the time of closedown are required to take annual holidays or other leave as arranged.
Do employees who work during public holidays always get time and half + alternative day off?
Employees working on public holidays (PH) should always be paid at least time and half. However, they only get alternative day off if the public holiday they worked on is the day they would normally work. Please refer to Public Holidays when processing PH in the system.
Can employers refuse employees request to take annual holidays?
Yes, both parties should try to work out annual holiday arrangements that are acceptable. An employer has the right to run their business. For instance, an employer might refuse request for employees to take days off if they don’t have enough staff to operate. The employer must have reasonable and fair grounds to refuse at a requested time. When both parties cannot reach an agreement regarding the timing of employees’ holiday, the employer can decide the date provided that it is fair and reasonable. The employee must be given at least 14 days’ notice to take the holiday before the date agreed on.
Do employers have to give employees annual holidays in advance?
No, employees don’t have a minimum legal right to take annual holidays in advance before they complete a year of work. It is at the employer’s discretion if they want to pay it in advance. It is common for employers to provide their employees to take annual holidays in advance even when they have not accrued enough days. However, there is no legal requirement for an employer to provide annual holidays in advance.
Can employees cash-up all their annual holidays during their employment?
No, employees can only cash up one week per entitlement year, but employers can say no to the request. An employer can opt out of having to consider cash-up requests if stated in their workplace policy or contract.
An employer cannot force employees to cash up their annual holidays if there is no written request given to the employee. In this case, the employee can keep both the cash up money and still have the annual holidays that has been paid as a cash up to use when taking days off.
