Annual Leave (Amendment) National Standard Order, 2018

L.N. 440

L.N. of 440

of 2018

EMPLOYMENT AND INDUSTRIAL RELATIONS ACT

(CAP. 452)

Annual Leave (Amendment) National Standard Order, 2018

IN EXERCISE of the powers conferred by articles 4 and 48 of

the Employment and Industrial Relations Act, the Minister responsible

for European Affairs and Equality has made the following order

The title of this order is the Annual Leave (Amendment) Title.

National Standard Order, 2018 and this order shall be read and

construed as one with the Annual Leave National Standard Order, L.N.

2018. 2018, hereinafter referred to as "the principal order".

Sub-article (2) of article 3 of the principal order, shall be Amends article

3 of the

substituted by the following

principal order.

"(2) As from the 1st of January 2019, unless otherwise

agreed to in any applicable collective agreement, or unless

otherwise agreed in any agreement reached between the

employer or employers or employers’ associations on the one

hand and the employees on the other, the employer may only

utilize up to the equivalent in hours of twelve working days from

the annual leave entitlement, to be calculated as provided for in

the Organisation of Working Time Regulations, for the purposes S.L. 452.87.

of any type of shutdown, including a temporary closure of whole

or part of the premises by the employer for bridge holidays or

any other short periods of shutdown.".

Immediately after article 4 of the principal order, there shall Adds new

article 4A to the

be added the following new article 4A

principal order.

Should an employee or employees be

"Overutilization of

made to

avail himself of forced leave by his

employer, notwithstanding anything stated to the

contrary in any law, in any contract of service or in

any collective agreement, the employer shall always

provide a written statement within a reasonable time

frame before the forced leave starts to run, wherein

the employer gives justified reasons compelling the

imposition of forced leave on the employee or

employees. In such instances the utilization of such

forced leave does not give rise to a civil debt in

favour of the employer should the leave taken

exceed the annual leave entitlement of the employee

due by virtue of the Organization of Working Time

Regulations or by virtue of the contract of

employment or the applicable collective agreement

Provided that, notwithstanding the

provisions of this regulation, any leave taken by an

employee which has been requested by the employee

himself, which is in excess of the annual leave

entitlement due by virtue of the Organization of

Working Time Regulations or by virtue of the

contract of employment or the applicable collective

agreement, shall give rise to a civil debt in favour of

the employer upon termination of the employee’s

employment.".

4. Article 7 of the principal order shall be amended as

(a) in paragraph (a) thereof, immediately after the word

"concerned;", there shall be added the word "and"; and

(b) in paragraph (b) thereof, the words "Regulations;

and" shall be substituted by the words "Regulations." and

paragraph (c) thereof shall be deleted.

€0.18