Taking all vacation time at once? No!

I work in a communication agency. My boss, with whom relations are not good, told me that he reserves the right to force me to take my annual leave all at once. Since this is not a rule that applies to all my colleagues, I consider it a sanction.

What about it from a legal point of view?

Article 231 of the Labor Code states that leave is a right. Article 244 specifies that the period of paid annual leave extends throughout the year, except for agricultural and forestry operations and their dependencies in each wilaya, prefecture or province. The periods during which employees cannot benefit from paid annual leave are set by decision of the governmental authority in charge of labor, after consultation with the most representative employers' professional organizations and employees' trade unions.

Therefore, you are in principle entitled to take your leave throughout the year, unless the nature of your job and the period you have chosen work against you, because, do not forget, you must keep in mind the interest of the company, that is to say, the general interest, which is different from the interest of the head of the company.

The dates of annual leave are set by the employer, of course, but after consultation with the employee delegates, and if necessary the representatives of the trade unions in the company.

Furthermore, the departure dates of employees on paid annual leave are set after consultation with those concerned, taking into account the family situation of the employees and their seniority in the company. Article 245 of the Labor Code provides that in case of agreement with those concerned, the departure date on paid annual leave may be:

• Either advanced and, in this case, the employer must, before the employee's departure, rectify the file and register provided for in Article 246 below;
• Or delayed and, in this case, the employer must make the necessary changes to the poster or register, at the latest on the date initially planned for the employee's departure.

In the cases provided for in the preceding paragraph, the employer must notify the labor inspector of the modification by registered letter with acknowledgment of receipt.

Also, it is important to point out that the employer is required to inform any employee entitled to paid annual leave at least thirty days before the departure date, unless more favorable provisions for the employee are provided for in the collective bargaining agreement or the internal regulations. The order of departures is posted in a place usually frequented by employees in the workplace, in particular in offices, depots and construction sites.

The question of leave can only be settled by mutual agreement between the employee and his employer. No one can impose anything on the other, except when the interests of the company require it. In other words, it would be abusive for your employer to unilaterally impose on you to take paid annual leave without it being justified by the interests of the company.

If you feel that you are the victim of any discriminatory behavior, you have the right to report it directly by letter to your employer and, if necessary, to the labor inspector. But when you trigger this kind of procedure, you must remain vigilant about your employer's reaction.

Mohamed Jamal Maatouk



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