Annual leave is a period that an employee spends outside the workplace, with payment, to rest and recover from daily tasks. Annual leave is thus defined as a worker's right and an employer's obligation, which purpose is to restore the worker's abilities necessary for safe and successful work.
Do temporary employees have the right to vacation?
Regardless of whether the worker has a work contract for a fixed or indefinite period of time, he always has the right to annual leave.
How is it determined how much annual leave each worker is entitled to?
The minimum right to annual leave is determined by the Labor Law. By provisions of collective agreements, labor regulations, or labor contracts, the right to annual leave can be regulated and changed only in favor of the worker. The duration of the paid vacation to which the employee is entitled is a mandatory part of the employment contract. When concluding an employment contract with an employee, the employer is obliged to specify in the employment contract a provision that will determine the duration of annual leave.
What is the minimum annual leave for workers according to the Labor Law?
According to the provisions of the Labor Law, a worker has the right to an annual vacation of at least four weeks for each calendar year.
Does a worker who works 5 working days and one who works 6 working days in a week have the same minimum vacation?
An employee's annual leave is determined by the number of working days. It depends on whether the worker works according to the weekly schedule of working hours 5 days a week (Mon-Fri) or 6 working days (Mon-Sat). An employee who according to the weekly schedule works 5 days is entitled to 20 days a year. If he works 6 days a week, then he is entitled to 24 days of annual leave according to the Labor Law.
Can the employer increase the employee's annual leave?
By means of an autonomous act, the employer (decision) can prescribe a longer duration of annual leave than the shortest prescribed, i.e. contracted.
What does not count as vacation days?
The days of annual leave do not include the days that the worker would not have worked if he were not on annual leave and the period of temporary incapacity for work (sickness) determined by an authorized doctor. In addition, days of paid leave are not counted as a vacation.
Are holidays counted as annual leave, if the employee was supposed to work on that day according to the schedule of working hours?
If, according to the schedule of working hours, the worker should work on a holiday or a non-working day, but on that day he uses annual leave at his request, then according to the Labor Law, that day is included in the duration of annual leave.
When is a worker entitled to full annual leave for a calendar year?
Full annual leave for a particular calendar year is earned by a worker who:
- works for the same employer for the entire calendar year;
- in the current year, he has worked for the same employer for more than 6 months continuously, and he was employed by that employer for the first time;
- in the current year, he had a previously established employment relationship, but with an interruption of more than eight days between those two employment relationships and on the condition that the employment relationship does not end with another employer in that year and that he has more than 6 months of continuous work with the same employer.