Lawyer – about annual vacations: additional days, the order of presentation and what will take place on July 1. changes

– Alexander, you mentioned that in your practice there are disputes between the employee and the employer about the choice of the annual vacation date. How do you deal with the situation? What to do if two or more employees who want to be replaced want to leave at the same time: who has priority?

– The employee is entitled to annual leave and the employer is obliged to grant it in the same working year for which the leave is granted. In each specific situation, this employee’s right and, consequently, the employer’s obligation are exercised by agreement between the parties. The requirement to agree on the procedure to implement the employee’s right to annual leave is enshrined in law to reconcile to the maximum the often conflicting interests of the parties to the employment contract. However, work must be organized in such a way that each employee has a real opportunity to take annual leave.

If an agreement cannot be reached through normal negotiations, the employee can go to the Labor Disputes Commission and thus resolve the dispute with the employer.

The queue for awarding annual workplace leave is based on the wishes of the following employees (in order of priority):

1. pregnant workers and workers with at least one child under the age of three;

2. workers raising at least one child under the age of fourteen or a disabled child under the age of eighteen;

3. workers raising two or more children;

4. employees with less than ten business days of leave in the last calendar year;

5. employees with annual vacations not used for the previous work year.

– The employee had planned a vacation even before the pandemic and wants to follow the plan, but the employer no longer agrees to those dates. It bases its position on several months of quarantine. How do you deal with the situation?

– First, the company’s vacation queue (vacation schedule) and description of the vacation procedure must be followed, if the company approves such internal documents. Otherwise, the parties to the employment relationship must find a compromise, without finding it: the employee can reapply to the labor disputes commission and thus resolve the dispute with the employer.

– Is the employee required to take 10 business days of uninterrupted leave per year? Perhaps you can divide these vacation days with the consent of your employer?

– At least part of the annual vacation cannot be less than ten business days or at least twelve business days (if six business days are worked per week), and if the number of business days per week is less or different, the part The license cannot be less than two weeks. The remaining part of the annual leave can be granted in installments by agreement between the employee and the employer.

The employer cannot compel the employee to take annual leave, but has the right to require that a portion of the employee’s leave be shorter than prescribed by law.

– Suppose an employee does not want to go on vacation, what can an employer do?

– 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 establishes the obligation of both parties (the employee to take and the employer to provide) annual leave at least once a year. Although the employer cannot compel the employee to take annual leave, it must provide a real opportunity for the employee to take leave and avoid cases where the employee has accrued annual leave for more than several years of work.

– Is there a time limit after which the employee loses unused leave days?

– The Law of Approval, Entry into Force and Implementation of the Labor Code stipulates that employees who have annual vacations not used for more than three years before the entry into force of the Labor Code have the right to take it until 2020. July 1 It should be noted that after 2020. July 1 will not only lose holidays, but also compensation for vacations that exceed the three-year period. Therefore, the employee is entitled to use all accumulated annual leave or receive compensation for it until 2020. July 1

– A person who works five days a week is entitled to 20 working days of leave. Who owns the additional vacation days? Should the employee inform the employer about the additional days pending?

– Employees under the age of 18, single parents under the age of 14 or a disabled child under the age of 18 and disabled employees are entitled to twenty-five working days of annual leave (if they work five days a week). Meanwhile, workers whose work involves increased nervous, emotional, mental stress and occupational hazards, as well as whose working conditions are specific, are granted extended leave of up to forty-one business days (if they work five days a week. ). Public officials can expect a longer leave, which they are entitled to a minimum annual leave of 22 business days. If a staff member raises a child under the age of 14 alone, a disabled child under the age of 18, or the staff member himself is recognized as disabled, he / she will be granted a minimum annual leave of 27 business days.

To take advantage of extended annual leave, the employee must submit a request to the employer and appropriate evidence that he is entitled to such annual leave (for example, birth certificate, disability documents, etc.).

– How long is the annual leave due to a shift worker?

– By law, employees are entitled to at least 20 business days (if they work 5 business days a week) or at least 24 business days (if they work 6 business days a week) annual leave. If the number of business days per week is less or different, the employee must be granted a leave of at least four weeks. Therefore, in the case of shift work, the employee is entitled to an annual leave of at least four weeks.

– How long can you expect to leave after working a job? What are the exceptions?

– For the first year of employment, all annual leave is normally granted after at least half the number of business days per work year, but it is not prohibited to grant it earlier if the parties agree. At the request of an employee, annual leave must be granted before the end of the six months of uninterrupted work:

1. pregnant workers before or after maternity leave;

2. parents during their children’s maternity leave, before or after parental leave;

3. during the summer holidays at the workplace;

4. School teachers will receive annual vacations during their first year of employment during the summer vacations of pupils and students, regardless of when they started working at that school;

5. in other cases established by the rules of labor law.

For the second and subsequent working years, annual leave is granted at any time during the working year, in accordance with the order of annual leave at the workplace.

– Can the employer invite the employee to work during the holidays?

– The Labor Code does not provide for any circumstance under which an employer may revoke an order for the grant of annual leave. Therefore, it should be considered that, despite the circumstances, the employer does not have the right to unilaterally decide that the rest period already granted to the employee should be reduced or transferred. If necessary, the employer should consult with the employee, since only with the consent of the employee (with his written consent) would it be possible to invite the employee for permission to work.