Labour law: Trading vacation with notice period ?

[Samer2010]

Hi Forum,

Assume that there is a person who works full-time for a private company, and s/he still has 30 days of unused vacation days i.e. (The 30 days vacation of year 2012 which s/he is entitled to is still not used at all).

Assume that this person wants to resign to join a new company, However, This person is thinking of NOT giving his current employer any notice period e.g. (14 days or 1 month), instead, This person wants to trade-off his/her 30 days of the unused vacation with the notice period e.g. (14 days or 1 month).

Would that be acceptable: Legally? From the labour law point of view?

I would really appreciate if you share with me your thoughts and knowledge about such situation, as well as, Any links for labour law articles about such situations!


Thanks !

[tjawatts]

They either have to pay you for the vacation or let you take it.

I dont think you can just say "I leave today, I will use my holiday for my notice period". But probably they will let you take it unless they are really short staffed.

Always better to leave a job amicably, especially in Finland where they really appreciate those työtodistukset you get.

T

[tjawatts]

Look like they can maybe force you to take your holiday during your notice period, but you have to agree with them if you want to take it.

http://www.vuosilomaopas.fi/fi/vuosilom ... kohta.html

http://www.erto.fi/tyosuhdeopas/tyosopi ... -vuosiloma

[Samer2010]

My bad, Maybe the way I wrote sounds quite unprofessional employee's behavior, which isn't what I meant at all.

I strongly believe that any employee in any profession must quiet respectfully and graciously => There's no doubt about it.

My idea was just to ask and learn if it is possible to trade the unused vacation with the notice period - Of course, Such matters must be discussed thoroughly with the management and both parties have to reach an agreement, But I was just very interested and curious if the law allows that or has tackled such matter.

Thank you tjawatts so much for the links !

[tjawatts]

Definitely if your employer agrees you can take your vacation during the notice period. Not a problem at all.

Best of luck in the new job!

[AKKumar]

Hi Sameer,

As per the Annual Holiday Law entitles you to have a Carry Over Holiday, to be compensated. However it depends on the collective agreement if any, in your industry.

Which industry you are working and whether you and employer had agreed to carry over holiday ? These all depends.