It's the boss who decides. Even if he can examine our wishes and consult the staff representatives, the decision is up to him. In theory, there is no legal obligation to favor employees with
children, who have seniority, etc. But he had better be flexible, as long as it doesn't interfere with the operation of the service.
But he must have a good reason. The company closes in August? We have to take our holidays on this date. And Duboss must act in good faith:he cannot make us leave in November just because he has us in the nose. If he refuses to let us take our holidays on the dates we requested, he must justify his decision at least
by scheduling constraints and offer us another period to take them.
And follow certain rules. He must notify us at least one month in advance of our dates and cannot change them after this period, except in exceptional circumstances:a receivership, a very large order, the death of an employee... He must invoke a reason serious:basically, if we stay, it's to save the company!
He has the right to prevent us from leaving in the summer? Yes and no:he can decide that we cannot leave in July or August, but he must at least give us 12 continuous working days in the period from May 1 to October 31.
What if we want to leave at the same time as Chéri? Possible, if you're married or in a PACS AND you work in the same company:there our boss must grant us simultaneous leave, but otherwise he has no obligation.
Are there any remedies? We can turn to the staff representatives. If we are convinced of Duboss's bad faith (and we can prove it), we can go to the prud'hommes. In fact, it is in our interest to negotiate and agree.
Thanks to Agathe Lemaire, lawyer
