Holidays and notice period

A company is going to carry out an objective dismissal for economic, technical, organizational, or productive reasons (ETOP) and wants the affected employee to use the remaining holiday days during the 15-day notice period (to save on the holiday settlement in the final pay). Well, the company cannot force them to do so (although they can reach an agreement regarding this):

• The notice period serves for the employee to reorganize their work situation. During this period, they even enjoy a paid leave of six hours per week to look for a new job.

• In contrast, holidays serve for the worker to rest and disconnect from work, and they should be set by mutual agreement between both parties.

• If a company forces its employee to take holidays during the notice period, the dismissal will still be considered justified (as long as the objective reasons are proven), but the affected employee may claim the salary equivalent to the unused holiday days.