Legal advice in labor disputes


Questioner

I work in home care, last week my father-in-law suddenly passed away, I wanted to compensate my hours that I had to work with the many overtime hours that I have, my team leader has now written off all these hours from my vacation hours (while I had more than 60 plus hours) is this allowed?? I understand that I cannot take all those 60 hours in free time, but it concerns 12 hours in total (those are my contract hours per week) moreover I had to work in the meantime, my father-in-law passed away on Tuesday and was cremated the following week, I just had to work the weekend?? Am I entitled to record my plus hours?? That is my question

Lawyer

You have already found the correct answer yourself. The CAO VVT stipulates in art. 6.2.1 that - in deviation from the WAZ - leave in connection with personal circumstances must be deducted from the holiday leave. If your employer does not give you permission to offset the hours worked against your overtime after a written request, you cannot force him to do so.

Questioner

Thank you for your answer, however we have a leave basket where these hours (emergency extraordinary leave) have to be taken. I would like to compensate for these hours by means of my extra hours worked (these are paid out differently) so that I can take my leave hours to do really fun things, that is why I was asking whether I could possibly use this!!

Lawyer

Answer modified.

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