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I'm currently leaving my own employer, a service provider company, to work for my current customer. With my position, the legal delay period once i give my resignation is 3 month. If the employer agree it can be shortened. And the employer can refuse holidays within that period and paid them instead.

The customer company is used to recruit employees from my current company so there is no problem du to any kind of contract.

Because the paperworks and so on took like 2 month more than expected and now here is the situation :

  • I want to quit my current Job
  • I want to take all my holydays before the end of the resignation's period (up to 3 month)
  • I'd like to have this transfer finish as soon as possible, it's already lasting for quite some time.
  • I had no interview with my current employer since i got the job 1 year ago, so i have no relationship with them.

My question is what is the best approach to handle this :

  • Talk with my current employer before giving the letter of resignation to see how we can handle this ?
  • Take my holidays now then give the letter after it and negociate to shortened the period after ?

Note : i'm in France for information.

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    Maybe it's just me, but I'm finding quite hard to understand your situation. Would you mind trying to make your whole question clearer? – Charmander Jun 23 '16 at 13:33
  • @Charmander As I understand it, he is in a service provider company. The client company want to recruit him. Since there is 3 months until the end of the contract, he want to take all of his holidays. – Gautier C Jun 23 '16 at 13:40
  • Almost @GautierC , i didn't gave my letter of resignation yet, when i will give it, the employer can keep me for a period UP to 3 month before the hand of the contract. And once i'm in resignation period, he can refuse that i take holiday. – Walfrat Jun 23 '16 at 14:32
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    When I handed my 2 months notice, the administrator calculated how many leave days I had left for this period (based on FY) and I was given the option to spend them or ask for them to be paid out. I enjoyed having 3-day work weeks those two months. (This was in GB, but due to EU, laws might be similar) – Amber Jun 23 '16 at 14:36
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    When an employee quits, the employer is obligated to pay all accrued vacation and sick days. Vacation / sick / personal days are benefits that are accrued on a paycheck-by-paycheck basis (e.g. a few hours of these benefits are recorded as "credit" on each paycheck). You "spend" these by taking vacation / sick / personal time or you "cash them out" when you leave the company and sometimes at the end of a year depending upon the company policy. – user3533030 Jun 25 '16 at 22:44
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That's a legal question spécific to France, so I'm not sure I shall answer.

In case I can answer, the law is simple :

  • or your exit from the firm is delayed(by the number of holiday days you'll take).
  • or you get paid for the days you are allowed to take, but you will not take.

There is no 3rd way to my knowledge. Note that most people prefer getting paid for the remaining days, and taking unpaid vacation days the first year of their new job(when they have no holidays yet, but still want some).

And, of course, RTT does not work like that(for non-french, it's additional days you get when you work more than the standard 35 hours). RTT must be used before the end of the contract, or simply are lost. They do not push back the end of the contract, unlike real holidays.

  • It's not really about legal, you can negociate to shorten the 3month period. But if the employer wants me to works 3 month and pay holiday instead of me taking it, once i gave my letter of resignation, there is nothing i can do yes. – Walfrat Jun 23 '16 at 14:31
  • Yep, you have to negociate with your employer, are you not in good terms with him ? – Gautier C Jun 23 '16 at 14:43
  • @GautierC as i said, i was sent to the customer since my first day, i just saw my commercial (and manager...) once in a year, so we're not either in good or bad terms :/ – Walfrat Jun 24 '16 at 7:06
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    @Walfrat funny company you are in, is it one of the A companies ? :p – Gautier C Jun 24 '16 at 7:08
  • From what you said, you are in the Syntec Convention, so this might be a good read for you : syntec.fr/1-federation-syntec/128-negociation-collective/… – guigui42 Jul 25 '16 at 9:51
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Most importantly, check your contract for specifics. In case you don't understand one thing or another, ask your colleagues as they might know the answer.

Further, the way I understand it you have already worked there for a year and have some vacation days built up? In that case, I would recommend to discuss it with your employer before turning in the letter of resignation and try to work out a mutually agreed holiday & work-transfer plan.

Worst case; your employer does not want to work with you, then I would recommend that you start your new employ 1 month later and go on holiday in that period.

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