For those who have accumulated many vacation days, the last chance to avoid losses

The Labor Code states that the right to take all or part of the annual leave (or receive cash compensation for it) is lost 3 years after the end of the calendar year in which the right to the full annual leave was acquired, unless the employee really couldn’t take it.

As explained by the State Labor Inspection, employees who have annual unused vacations for more than 3 business years prior to the entry into force of the Code are entitled to use it until July 1, 2020.

“It should be noted that the 3-year term was agreed by the social partners when negotiating the provisions of the Code, as well as the fact that there was a 3-year period (from July 1, 2017) to use the unused license to the previous period.

It should also be noted that the Code stipulates that annual leave must be granted at least once a year. The purpose of annual leave is to restore the employee’s ability to work, therefore, the law imposes an obligation on both parties (the employee to take and the employer to provide) annual leave at least once a year. Therefore, as a general rule, there should be no cases in which an employee has accrued annual leave for more than 3 working years, ”explains the Inspection.

It should also be noted that after July 1, 2020, not only vacation days will be lost, but also compensation for vacation days exceeding the 3-year period. Therefore, an employee is entitled to use all accrued annual leave or receive compensation for it until July 1, 2020. After that, the employee may take or receive compensation for accrued annual leave in accordance with the restrictions established by the Code.

The part belongs to 120 days.

VDI also notes that the number of vacation days for a 3-year period may vary based on the employee’s position, status, and length of service with that employer.

“For example, the minimum vacation period is 20 business days, which means that you will lose the opportunity to take more than 60 business days.

The duration of the pedagogical personnel permission is 40 working days, which means that they will have a permission of more than 120 working days ”, says the Inspection.

It is stated that, according to the Labor Code, during the first year of employment, all annual leave is normally granted after at least half the number of working days per working year.

‘Therefore, an employee’s right to (or compensation for) annual leave for the first year of employment is guaranteed in the calendar year in which he began working and worked half the number of business days per work year, and for another three subsequent calendar years.

For example, if an employee started working on February 1, 2019, the right to take an unused leave during the first year of employment would be lost after that calendar year and another three calendar years, i. January 1, 2023.

However, if the employee started work, for example, on October 1, 2019, they will have worked half the number of working days per work year in April 2020, so the right to take an unused leave during the First work year would be lost after that calendar year and 3 more calendar years. years, vol. and. January 1, 2024.

For the second and subsequent years of employment, the right to (or compensation for) annual leave is guaranteed in the calendar year in which the employee’s work year for which the annual leave is granted begins and, for the following period, by another 3 calendar years.

For example, if an employee started work on February 1, 2019, the right to take an unused leave for the 2020-2021 work year would be forfeited after the end of the 2020 calendar year and for another three calendar years, i. and. January 1, 2024.

If the employee was unable to take annual leave due to temporary incapacity to work, parental leave, or due to employer actions, this limitation period must be extended. Setting a time limit within which annual paid leave must be taken is not in conflict with European Union law as it ensures that the employee has a positive effect as a rest period, ”writes VDI.

For officials

As you know, the employment relationship of public officials is regulated by the Civil Service Law.

It establishes that the laws and other legal acts that regulate labor relations and social guarantees apply to public officials to the extent that their status and social guarantees are not regulated by said law.

“Considering that the VOA does not impose an obligation to take annual leave no later than 3 years from the end of the calendar year in which the right to leave was acquired, and in accordance with the principle of equality, it is considered that article 5 d. and article 6 of the Law of approval, entry into force and implementation of the Labor Code. 8 d. the provisions also apply to public officials “, – indicates the SLI.