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I will resign at my current job next week (16.05. would be the earliest possible date). I have one month of notice period, which means my last day is the 30th of June.

Now I have already holidays for 3 weeks in June planned. But I still have enough holidays left (for the half of the year obviously) and days of overtime so that I could stay at home already 4 days after I hand in my resignation.

As a side note: there is not really any software project which I worked on completely on my own, so there is not too much of knowledge transfer to be done. Also this is in Luxembourg, if this changes anything.

So in general I know, that, by law, all this time is rightfully mine and that my employer will need to pay the time if I am not allowed to take the time off. But I am asking myself at the moment if it is morally okay to take the time off so that the notice period is actually non-existent.

marked as duplicate by David K, gnat, DarkCygnus, mcknz, sleske Jul 19 '18 at 9:16

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    Please consider that, depending on where you live, it may be possible that during the notice period you are not allowed to take holidays and that your employer can legally refuse them (and then paying them of course) – Gianluca May 11 '18 at 10:09
  • Hey. In the question I wrote that it is Luxembourg. They can only legally refuse the holidays if there is a good reason for it. But I am aware that they can refuse. The question is rather if it is ethically okay to even ask for this or to just have the time back in money. – M0rgenstern May 11 '18 at 10:23
  • It seems fairly common to do this - why not very simply ask the company what would be best for them? Just be polite about it. They may PREFER to not have to give you a lump of money, you know? Enjoy! – Fattie May 11 '18 at 12:31
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    Asking is always ethically ok. If you want to keep your relationship with these people tip-top, you can always inquire about what they would prefer and take that into account (though you don't have to do it!). – Alper Jul 17 '18 at 11:43
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There's nothing inherently immoral or unethical about doing so - that said the best approach would be to talk to your soon-to-be-former employer about it and ask what they need you to do during your notice period and what they would prefer - you taking the time off or paying you for the time instead. If there really is very little handover then I wouldn't be surprised if they opted for you to do that at the start of the period and then take the time off as this will effectively save them money.

  • I think the OP wants his employer not to make him go into the office for the few days between the end of his leave - why are you suggesting that the OP offer to give his ex employer a weeks wages? this hurts the OP WTF are people up voting this for – Neuromancer May 11 '18 at 20:01
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    @Neuromancer That's not at all what I am suggesting, not sure how you got that from my answer to be honest? – motosubatsu May 12 '18 at 9:17
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You may want to read your contract and the labor law of the country you're in. What you want to do may be simply disallowed. For example, I used to have a contract in France which specified that holydays and sick leave were excluded from the notice period duration, in other words, the notice period was extended by the amount of holydays and sick days you take during it.

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