Minimum Employee Rights during Annual Shutdowns

Is closing down the workplace for a specific period legal?

Yes, employers may close down a workplace if the process is managed lawfully. Employers may have a regular closedown once a year (commonly during the Christmas/New Year season). Workers who are entitled to annual leave at the time of closedown are required to take annual holidays or other leave as arranged.

Do employees who work during public holidays always get time and half + alternative day off?

Employees working on public holidays (PH) should always be paid at least time and a half. However, they only get an alternative day off if the public holiday they worked on is a day they would normally work. Please refer to Public Holidays when processing PH in the system.

Can employers refuse employees’ request to take annual holidays?

Yes, both parties should try to work out annual holiday arrangements that are acceptable. An employer has the right to run their business. For example, an employer may refuse an employee's request to take time off if they do not have enough staff to operate.

The employer must have reasonable and fair grounds to refuse the request. If both parties cannot agree on the timing of annual holidays, the employer can decide the dates, provided the decision is fair and reasonable. The employee must be given at least 14 days’ notice before the start of the scheduled holiday.

Do employers have to give employees annual holidays in advance?

No, employees do not have a minimum legal right to take annual holidays in advance before completing a year of employment. It is at the employer’s discretion whether to allow annual holidays to be taken in advance.

It is common for employers to let employees take annual holidays in advance, even when they haven’t accrued enough days. However, there is no legal obligation for employers to do so.

Can employees cash up all their annual holidays during their employment?

No, employees can only cash up one week of annual holidays per entitlement year. Employers may decline the request. An employer can choose not to consider cash-up requests if this is specified in the workplace policy or employment contract.

An employer cannot require an employee to cash up annual holidays without a written request. If no written request is provided, the employee may retain both the cash-up payment and the corresponding annual holidays, which can still be used later when taking time off.