From memory they can allocate up to 50% of your holidays but they have to do it at the start of the contract
Interac does that and if the ALT doesn’t like it there are a thousand behind ALT who will do it.
Please disregard some of the “contract nihilists” in this subreddit who seem to think that you can sign away any of your workers rights by signing a work contract.
If you are an employee, the Labor Standards Act takes precedence over your work contract.
Per the Labor Standards Act, the employer can only fix a portion of your paid annual leave if they create a collective agreement with a democratically elected representative of workers at your workplace.
If you want to know more about that situation or if you want to look into whether or not the fixed holiday agreement is legitimate, I recommend consulting with a union before you get bad advice on here.
As others have pointed out, the company can set all of your paid days off except for five. However, there needs to be a labour-management agreement signed off on by a union, if one exists, or a fellow co-worker representative elected by fellow coworkers who can not belong to management. I highly doubt that such a representative exists amongst you and your coworkers. Also, if such an agreement is in place, the dates for the company-allocated days off should apply to all non-management employees, or at least all the employees in one division or department. They should not be allocated differently to individual employees.
Half your holidays can be determined by the company. When I was a non-teacher schlub they would normally allocate this to either Christmas or Obon.
They would also create a mysterious “company foundation day” in August which was also a paid vacation.
No. Annual paid leave is decided by the employee, not the employer. The dispatch company can only suggest that you use annual paid leave during the winter holidays but the final decision stands with you.
Not sure if you’ve considered this but the school may have already made some agreement with the dispatch company that they won’t need any ALTs during the winter holidays. If that’s the case, the situation is going to become more complicated and the dispatch company won’t be very happy about that.
So if you choose not to use annual paid leave, you’ll need to come to some agreement with the dispatch company. The dispatch company will be liable to provide you with work regardless, whether it be at your assigned school or at another school. If the dispatch company chooses not to comply, there are also ways to force them to comply using legal procedures. But simply to avoid all that, the easiest option would just be to use annual paid leave.
8 comments
Yep, you signed the contract right?
Yes
From memory they can allocate up to 50% of your holidays but they have to do it at the start of the contract
Interac does that and if the ALT doesn’t like it there are a thousand behind ALT who will do it.
Please disregard some of the “contract nihilists” in this subreddit who seem to think that you can sign away any of your workers rights by signing a work contract.
If you are an employee, the Labor Standards Act takes precedence over your work contract.
Per the Labor Standards Act, the employer can only fix a portion of your paid annual leave if they create a collective agreement with a democratically elected representative of workers at your workplace.
If you want to know more about that situation or if you want to look into whether or not the fixed holiday agreement is legitimate, I recommend consulting with a union before you get bad advice on here.
As others have pointed out, the company can set all of your paid days off except for five. However, there needs to be a labour-management agreement signed off on by a union, if one exists, or a fellow co-worker representative elected by fellow coworkers who can not belong to management. I highly doubt that such a representative exists amongst you and your coworkers. Also, if such an agreement is in place, the dates for the company-allocated days off should apply to all non-management employees, or at least all the employees in one division or department. They should not be allocated differently to individual employees.
Half your holidays can be determined by the company. When I was a non-teacher schlub they would normally allocate this to either Christmas or Obon.
They would also create a mysterious “company foundation day” in August which was also a paid vacation.
No. Annual paid leave is decided by the employee, not the employer. The dispatch company can only suggest that you use annual paid leave during the winter holidays but the final decision stands with you.
Not sure if you’ve considered this but the school may have already made some agreement with the dispatch company that they won’t need any ALTs during the winter holidays. If that’s the case, the situation is going to become more complicated and the dispatch company won’t be very happy about that.
So if you choose not to use annual paid leave, you’ll need to come to some agreement with the dispatch company. The dispatch company will be liable to provide you with work regardless, whether it be at your assigned school or at another school. If the dispatch company chooses not to comply, there are also ways to force them to comply using legal procedures. But simply to avoid all that, the easiest option would just be to use annual paid leave.