View Full Version : Can you sell your holidays yet?
neels
27th May 2010, 20:07
I remember this being one of the things in the review of the holidays act, has it happened? I've had a trawl on the internet and can't find anything referring to it becoming law.
I'm looking at the fact that I have about 3 months of leave which I'm never going to get to take, particularly as I have to be at work at least every second week. So I'm thinking the money would be more useful to put towards something useful like, I dunno, buying another motorbike perhaps.
Anybody know?
gammaguy
27th May 2010, 20:09
yeah,and lets face it,money is far more important than people spending time with their kids,family,friends,or taking time to communicate and build relationships isnt it.
no wonder this countrys going to the dogs.
glad im leaving.
as you were
imdying
27th May 2010, 20:17
yeah,and lets face it,money is far more important than people spending time with their kids,family,friends,or taking time to communicate and build relationships isnt it.Yup, definitely can't do that and work... bit of a pain having to go 46 weeks of year without it too :rolleyes:
Now gimme your RG!
neels
27th May 2010, 20:39
yeah,and lets face it,money is far more important than people spending time with their kids,family,friends,or taking time to communicate and build relationships isnt it.
I'm only wondering if it's possible to get paid out the extra week of leave that the last labour govt gave people that up until then they didn't get anyway, not the whole lot. And to put it in perspective, after I took holidays at xmas to spend time with kids,family,friends etc after company freebie holiday and days in lieu for being on call on stat days I had one more day's leave than when I started, so at this point I have more use for money than another week of leave on top of the leave I already haven't taken.
98tls
27th May 2010, 20:41
We can sell back to the company at my place of employment though i cant say if thats the norm elsewhere.
MadDuck
27th May 2010, 20:47
It is against the Holidays Act for your employer to pay you out your annual leave at this point in time.
Alternate Holidays can be paid with mutual consent and once they are 12 months since being aquired...hope that helps.
neels
27th May 2010, 21:07
It is against the Holidays Act for your employer to pay you out your annual leave at this point in time.
Alternate Holidays can be paid with mutual consent and once they are 12 months since being aquired...hope that helps.
Cheers, it obviously hasn't changed yet then.
I'll just have to cash up the DIL that I haven't used yet because they get paid at normal rate rather than average earnings, and the new motorbike will have to wait a bit longer :no:
chester
27th May 2010, 21:14
us self employed people dont get holidays or holiday pay....:no:
Mully
27th May 2010, 21:16
Get a new job. Then they have to pay it out.
DAMHIK
MadDuck
27th May 2010, 21:19
Just quietly (on a public inter web forum...ha!) We looked at the option of terminating an employee to pay out the massive amounts of Holidays due to him then re-hiring him a week later......Problem = loss of continuity of employment.
Woodman
27th May 2010, 21:20
Bad idea, in some cases where there is excess annual leave it could be ok, but whats gonna happen when employees cash it all up and never have a break.
There on the job performance will drop off, sick leave will increase, as will ACC claims for stress induced illnesses, and then there will be HS&E issues and ulimately personal grievances against the employer.
That is just the work environment, just imagine the shit that will happen at home.
Bad idea big fcuk up if it eventuates.
Woodman
27th May 2010, 21:24
Just quietly (on a public inter web forum...ha!) We looked at the option of terminating an employee to pay out the massive amounts of Holidays due to him then re-hiring him a week later......Problem = loss of continuity of employment.
You could change their status to a casual employee for a wee while as casuals don't accrue annual leave therefore their leave will be paid out. Change back to permanent later on. Job Done
Mully
27th May 2010, 21:24
Just quietly (on a public inter web forum...ha!) We looked at the option of terminating an employee to pay out the massive amounts of Holidays due to him then re-hiring him a week later......Problem = loss of continuity of employment.
What if you put in the new contract "your service from (date) is recognised"??
dogsnbikes
27th May 2010, 21:44
We have been cashing our leave in for years,as we are all on rostered shift's and only work 6mths a year 2weeks on/off,so taken annual leave on top of that seems pointless,although its handy now and again .......it doesn't take long for it too build up if you dont use it somehow, on top of all the leave there is long service leave due for alot of us now which must be taken with 2 years and can not be paid out..
so guess I will have to bite the bullet and have couple months off some time next year maybe feb/march if the missus gets sick of me after ten days it will be great weather for the bike :lol:
yeah,and lets face it,money is far more important than people spending time with their kids,family,friends,or taking time to communicate and build relationships isnt it.
no wonder this countrys going to the dogs.
glad im leaving.
as you were
....but you sound like such a fun guy to be around!
MadDuck
27th May 2010, 21:51
I think the Holidays Act needs a bit of flexibility. Unfortunately there are employers out there that will just screw their employees any chance they can.
For instance we have part time staff that may only work Sundays. We need 7 day cover. Then they are entitled to leave so we have to let them have time off so have to ask our full timers to cover....its just stoopid!
neels
27th May 2010, 21:58
Unfortunately there are employers out there that will just screw their employees any chance they can.
Unfortunately that be the problem. Fucks it for reasonable people with reasonable employers.
gammaguy
27th May 2010, 23:47
....but you sound like such a fun guy to be around!
yup.which is why im wanted somewhere overseas.:yes:
yup.which is why im wanted somewhere overseas.:yes:
Mainly by the people still here.
I'm sick of the people bagging NZ - and are glad they are fucking off. It has its faults - but is still one of the best places in the world to live. Anyway - byeeeeee and dont let the door hit you in the arse on the way out.
Crasherfromwayback
28th May 2010, 09:48
yeah,and lets face it,money is far more important than people spending time with their kids,family,friends,or taking time to communicate and build relationships isnt it.
no wonder this countrys going to the dogs.
glad im leaving.
as you were
NZ won't miss you.
Last time I heard anything about selling holidays, it was explained that the intention was that you get a cash sum for that week you surrender and it meant you lost that week each year while you were employed. No further payments for it .
Clockwork
28th May 2010, 11:09
Some years ago when it was legal to sell leave over and above the 3 weeks (as at that time) allowed for under the holidays act I sold a weeks leave back to my employer. All very well and good but of course the tax man helped himself to 40% of my holiday pay.
It occurred to me that if I had just taken the leave I wouldn't be required to spend 40% of my holiday time working for the Government. That was the first and last time I ever sold my leave entitlement. I don't normally mind paying my share of income tax but that one really pissed me off.
Oakie
28th May 2010, 19:29
I've done it a few times over the years at the employee's request if the circumstances warrant it ... which is generally something to do with reducing stress on the employee. Always done with the boss's explicit approval and with a written 'understanding' between employer and employee
Examples:
a guy who needed $1200 for car repairs and needed his car for work;
a woman who guaranteed a loan for a 'friend' and finished up having to pay $3000 to cover the debt;
a guy who got in to a mess and my GM helped him sort stuff out, part of which was covered by cashing up. (Did that twice actually)
It is illegal but in the right circumstances it it a victimless crime and I'll do it if I know I'd be comfortable arguing my case to a Labour Inspector. There is risk involved because if the person decided later on that they wanted to take their annual leave after all, the employer would have to grant it. No form of written agreement can contract out of the Holidays Act provisions.
If you are one of those employees who have to be replaced when they are on leave then there is a little leverage as you can point out to the employer that they will be saving themselves the cost of covering you while on leave if they cash you up.
Someone mentioned additional tax. If the payroll person is doing their job there should be no implication tax wise as if the person is being paid leave days to make the pay the equivalent of say two pay periods then they should be taxed as if it had been earned over two periods.
Final word ... the best one of these arrangements I've been involved in was when a workmate had a child who needed to have a heart op in Auckland. (Cost of flights, accommodation and all that.) We all gave up a day of our annual leave which was then 'paid' (taxed accordingly) into the relevant account which had been set up for the purpose. Very cool. I'm going to do that one again soon to buy a couple of mobile defibrillators for work
Ixion
28th May 2010, 19:33
Final word ... the best one of these arrangements I've been involved in was when a workmate had a child who needed to have a heart op in Auckland. (Cost of flights, accommodation and all that.) We all gave up a day of our annual leave which was then 'paid' (taxed accordingly) into the relevant account which had been set up for the purpose. Very cool. I'm going to do that one again soon to buy a couple of mobile defibrillators for work
I like that. Now that's socialism in action!
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