WorkMotion may unilaterally release the employee from his/her obligation to work during the notice period and, in general, may also restrict the employee's access to the workplace during this time. However, WorkMotion may not set off a garden leave against the employee's unused annual holidays.

The employee and the employer may agree that the employee takes all or part of their annual holiday during the notice period, or, in some situations, the employer may even order the employee to take some of the annual holiday during the notice period, but the possibility is quite limited and applies mainly to ordering the summer holiday during the summer holiday period and one week of winter holiday outside the summer holiday period.

  • However, if the employee is entitled to a holiday bonus based on a CBA or otherwise, the holiday bonus would, in general, be paid for a taken holiday but not in connection with holiday compensation. If an annual holiday is ordered, it is strongly recommended to do it prior to releasing the employee from duties.

Source: Legal Briefing