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All leave days for 2020 can be used until the end of your two-year statute of limitations, regardless of whether or not they are postponed to the next calendar year. The employer also owes compensation upon termination of employment again for all days that have not expired. The limitation period begins to run from the next year for which the license is taken, recalled the Executive Agency “General Labor Inspection” / GIT /.
This means that this year’s holidays will not be burned, but only part of it will carry over to the next. And they will be valid until the end of 2022.
For example, until the end of 2020, the last days of 2018 can be used. The limitation period stops during the period in which the employee uses another type of leave: for pregnancy and childbirth, for childcare, etc.
Part of the leave may be postponed to the next calendar year at the request of the employees and with the consent of the employer. The employer may also postpone part of the leave, but only for important production reasons. In any case, however, the employer is obliged to guarantee the use of at least half of the days of leave in the corresponding year, and the rest, no later than the middle of the next. After this period, employees can use the transferred or unused leave days from the previous year with 14 days notice and without the consent of the employer. However, they must have proof that they have previously applied for a license and it has been denied.
In the general case, workers are obliged to use paid annual leave until the end of the calendar year for which they are taken. Employers are required to create a license use order informing workers at the beginning of the year about the expiration days and inviting them to declare the use of the remainder of the previous year. The lack of information to employees about the days that correspond to them is one of the most common infractions established by the Agency’s control bodies in relation to vacations.
Even in an emergency or an emergency, an employer cannot grant unpaid leave to its employees without your request. You have the right to unilaterally grant only your paid vacation, if the activity of the company, part of it or individual employees is stopped by an order of a state body or by its order. If the activity does not stop, you have the right to provide workers with only half of their paid vacation without their request.
During a state of emergency or epidemic emergency, the employer does not have the right to deny paid or unpaid leave to pregnant women, mothers or adoptive parents of children under 12 years of age, as well as single parents, people 50 and over 50 per Percent permanently reduced work capacity or less. protection due to certain diseases included in a special regulation.
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