Query regarding Annual Leave Clause in Employment Contract

[nvigo]

Hello

My employment contract states that I am not entitled to any Annual leave during my first year of employment. My employer told me that the 1st year is the period where I need to work to accumulate annual leaves, but can avail those accumulated annual leaves only in the subsequent year.

So If I had joined on May 2016, then till Mar 2017, I am not allowed to take any annual leaves. But I am entitled to 18 days ( 9 months * 2 ) annual leaves in the Summer Holiday season between May 2017 and Sep 2017.

I think this clause may be in violation of the Finland Holiday Act, where it is mentioned that "An employee is entitled to two and a half weekdays of holiday for each full holiday credit month. However, the entitlement is two weekdays of holiday for each full holiday credit month if, by the end of the holiday credit year, the duration of the employment relationship has been an uninterrupted period of less than one year. "

Before I approach my employer on this point, I wanted to confirm if my understanding is correct. Any inputs are welcome.

Warm Regards
Nvigo

[wolf80]

No, this is most certainly illegal. You are constantly accumulating your holidays, normally 2 days a month, and you can constantly use them. So after working for 3 months you could take 6 days of holiday.

Are you part of a union? If not then join one! The union lawyer will have a nice chat with your boss, and you will have your holiday. (You should also join the union to get the much higher unemployment money of the union's unemployment fund after your contract ends or after you get laid off.)

In what industry are working if I may ask?

[betelgeuse]

My employment contract states that I am not entitled to any Annual leave during my first year of employment. My employer told me that the 1st year is the period where I need to work to accumulate annual leaves, but can avail those accumulated annual leaves only in the subsequent year.

What field are you in? Do you have a generally applicable collective bargaining agreement (TES)? It might also have clauses regarding annual holiday.

So If I had joined on May 2016, then till Mar 2017, I am not allowed to take any annual leaves. But I am entitled to 18 days ( 9 months * 2 ) annual leaves in the Summer Holiday season between May 2017 and Sep 2017.

I think this clause may be in violation of the Finland Holiday Act, where it is mentioned that "An employee is entitled to two and a half weekdays of holiday for each full holiday credit month. However, the entitlement is two weekdays of holiday for each full holiday credit month if, by the end of the holiday credit year, the duration of the employment relationship has been an uninterrupted period of less than one year. "

11*2=22 days in 2017 holiday period.

http://www.finlex.fi/fi/laki/kaannokset ... 050162.pdf

You accumulate during the holiday credit year:

"1) the holiday credit year means the period from 1 April to 31 March inclusive;"

You spend them during the holiday season:

"2) the holiday season means the period from 2 May to 30 September inclusive;"

https://www.erto.fi/tyosuhdeopas/vuosil ... aitseminen

"1.4.-31.3. välisenä aikana työntekijä ansaitsee vuosilomaa lomanmääräytymisvuoden päättymistä seuraavaa kesää ja talvea varten. Esimerkiksi lomanmääräytymisvuoden 1.4.2014-31.3.2015 välisenä aikana ansaittu vuosiloma on tarkoitettu pidettäväksi kesällä 2015 ja sitä seuraavana talvena."

No, this is most certainly illegal. You are constantly accumulating your holidays, normally 2 days a month, and you can constantly use them. So after working for 3 months you could take 6 days of holiday.

According to what source? You?

Are you part of a union? If not then join one! The union lawyer will have a nice chat with your boss, and you will have your holiday. (You should also join the union to get the much higher unemployment money of the union's unemployment fund after your contract ends or after you get laid off.)

Or then the union lawyer agrees with me. It depends on what the TES says. For example IT Services Sector has:

"If desired by an employee whose employment started before the holiday season, the employer shall arrange an opportunity to receive unpaid leave in addition to any paid annual holiday so that the paid and unpaid holiday will amount to a minimum total of two weeks."

You can join an unemployment fund directly. You should never join an union directly just because you only want the unemployment protection.