Employees are entitled to vacation. Consequently, you receive many vacation requests, especially in the run-up to the summer period. You cannot simply refuse these requests, but sometimes there is no other option. After all, it cannot be the intention for the entire customer service department to be simultaneously staying on the Costa del Sol. Customers won't be amused by that! Do you want to refuse a leave request? Be aware that you cannot simply do so. The four legal tips below are not unimportant.
# 1. Respond within 2 weeks
As an employer, do you wish to refuse a leave request? Then you must respond promptly. After all, you have a period of two weeks to respond to the leave request. If you fail to do so in a timely manner, you agree to the leave request as the employee has requested it. In practice, you must respond to the leave request in writing may employment contract impose a different time limit. Our legal experts would be happy to advise you on this.
# 2. Justify the refusal
Not only must you respond in writing within a period of two weeks, but you must also state your arguments. And let there be no misunderstanding: the courts are strict. Very strict.
Refusing a leave request is permitted when there are “weighty reasons” or a “significant business interest”. In other words, the holiday must result in a serious disruption of business operations. Furthermore, the consequences of the disruption must outweigh the consequences of not granting the request. This is rarely the case. Therefore, it is best to discuss this with our legal experts.
Of course, you can also simply refuse the leave request because there are insufficient available vacation days. However, you must communicate that in writing as well.
# 3. Contractual provisions
A collective labor agreement may state that taking vacation days is not permitted during a specific period. Such agreements can, incidentally, also be included in individual employment contracts. This also ensures that you are in a much stronger position. However, even if that is the case, you must still provide the employee with a written and reasoned refusal. You refer to such rules and agreements in your detailed justification.
# 4. Focus on solutions
As an employer, you must always compare business interests with the personal interests of the employee. And that is precisely why you need to think in a solution-oriented way. For example, if only the first two days of leave pose a problem, you should not refuse the entire leave request. In the reasoned refusal letter, it is best to specify concretely for which days a problem does or does not arise.
Moreover, schedule a meeting soon to look for solutions. Such a personal meeting not only reduces the likelihood of a dispute but also enhances the lawfulness of your refusal. Do not forget to take notes during the personal meeting and put certain matters in writing, so that no disputes need to surface afterwards.
MKB Juristen helps you move forward
Employees are entitled to leave, while you may be concerned about business continuity. That is why we at MKB Juristen proactively consider leave requests. We include agreements regarding this in our employment contracts, for example by explicitly requiring a written leave request. But also consider the personnel regulations, where we clarify the sanctions for unlawful absence following a refused leave request.
Moreover, we are just as happy to inform you about the actual leave request and draft a reasoned refusal letter for you. We act quickly to meet the short deadline of 2 weeks. This ensures the employee cannot rely on legal loopholes. Want to know more about our services? Schedule a call now.
