Kan arbetsgivaren neka min semesteransökan?
Hello,What rights do employers have to limit vacation? I asked for some days off in June and was told this,"I have looked through your vacation request and unfortunately cannot approve it. June is the end of the investment round and we need all hands on deck (unless it is for a special reason i.e. not vacation) You are, however, more than welcome to suggest vacation time in July and August."Does my employer have a right to deny me vacation days? There are no meetings or events I have to attend on the days I have requested.Thank you!
Hello, and thank you for contacting Lawline!
If I've understood your question correctly, you're wondering if your employer has a right to deny you the vacation days you applied for.
Rights concerning vacation are regulated in Semesterlagen (which translates to something like "the annual leave act" or "vacation law").
As an employee, you're entitled to twenty-five days of vacation every year, unless your employment was commenced after 31 August during the annual leave year. In that case, you're only entitled to five days of vacation (4 § Semesterlagen).
Unless you and your employer have agreed otherwise, your vacation should be scheduled so that you have at least for weeks' vacation during the period of June to August (12 § Semesterlagen). Those four weeks of vacation should be consecutive, meaning that you have to take those four weeks of vacation at the same time. You can't, for example, take two weeks off at the beginning of June and then take the remaining two weeks in August.
Unless a collective bargaining agreement regarding the employees' right to co-determination in matters relating to the scheduling of your vacation has been concluded, and as long as you aren't being represented by an employees' organization which is authorized to negotiate, your employer should consult you about the scheduling of your vacation dates (10 § Semesterlagen).
If no agreement can be made regarding the vacation date, the employer shall decide how the vacation dates are to be scheduled (11 § Semesterlagen). This means that the employer, in your case, does have a right to deny your vacation request in June, as long as you're still getting four weeks' off sometime during the period of June to August.
You explained that your employer denied your vacation application for June, but offered you to request dates in July and August. Based on that information, it seems like your employer did have a right to deny your request for some days off in June.
If you really want those days off, I'd recommend you to talk to your employer and see if there's any way to work it out.
Kind regards,Emlika Magnusson
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