Because employers often prefer that workers do not accumulate too much annual leave, workers often have to take regular leave. Employers need to think carefully about the needs of the company before drafting an employment contract. If, for example.B. they may be required to cancel an employee`s position, appropriate compensation and notice must be included in the employment contract. The employer has the right to apply for a medical certificate and the rules that relate precisely to when a certificate may be required vary depending on the terms of the contract. As a general rule, premiums and agreements require a certificate if an absence is more than two days. Sometimes it is necessary to obtain a certificate for a shorter absence, especially when an employee has been away regularly for a long period of time. The positive requirement to present a medical certificate for absences of more than two days does not mean that the employer cannot require a certificate for an absence of less than two days. Unless a commercial arbitration decision or a commercial agreement is made otherwise, the employer can always, at its sole discretion, ask the worker to justify an absence on sick leave. A contract should identify the person or position to which the employee must present himself and to whom he or she must take instructions. Similarly, all supervisory obligations should be clearly defined.
The notice period is that it should be either the length of time the worker could take for a satisfactory alternative position, or the time an employer could take to find an appropriate replacement. The older the position, the older the worker and/or the longer the worker has been employed by the employer, the longer the notice period must be. Each full-time worker is entitled to four weeks (or 20 working days) of annual leave, excluding all public holidays covered by the leave period. Continuous shift workers are entitled to five weeks of annual leave. If a worker decides to resign or is dismissed before the expiry of one year, the worker is nevertheless entitled to the proportional value of that leave, calculated on the basis of the duration of the actual employment. While the parties cannot object to this minimum standard by agreeing to pay a lesser contribution, the parties are free to pay additional amounts of the worker`s salary as they age. These victims` compensation schemes should be the subject of a specific discussion with the employer, who is generally willing to make such payments, provided they are legal and can be made without unnecessary administrative difficulties. In accordance with Article 64 of EA 2000, employers must keep a signed copy of an individual employment contract (or terms of employment) that has been made available to an employee (or potential worker) even if the worker has not signed or accepted it. The employee must receive a copy of the agreement if requested.