According to the provisions of the labor law, every employee has the right to a holiday leave of a size that matches the period of employment. At the same time, the employee can not give up on his / her leave. In the case of arrears of outstanding leave, it must be used by the employee the following year on certain dates.
The purpose of vacation leave is to provide employees with the opportunity to use their days off to rest from regular work. At the same time, every employer is obliged to grant the employee leave in a given calendar year in which the employee obtained the right to it.
When an employee has taken a job in a given calendar year, he/she has the right to take vacation leave with each month that passes at work. The number of days of annual leave increases with each subsequent month in which the employee completes his / her work. The employee acquires his holiday entitlement in arrears for each subsequent month of work.
The number of days of leave, for which an employee has worked in a given calendar year, who has worked at least one year in the workplace, is twenty days if the length of service is less than ten years. However, when the length of service is more than ten years, the employee gets the right to twenty-six days of leave per year.
The period of study and vacation
The period of education also influences the employee’s leave, as it is counted as seniority. Job placement includes, among others, periods of basic education and an equivalent vocational school, which covers three years.
The period of education in a secondary vocational school or a secondary vocational school for graduates of basic vocational schools allows you to complete five years of work experience.
On the other hand, learning in a comprehensive school allows for adding four years to the work experience. The post-secondary school allows to add six years to the work experience and the period of study at the university allows you to add eight years of study to the internship.
Of course, adding a given period of study to seniority requires completing a given type of school. At the same time, when the employee worked while completing the education, the employee has the right to choose this period added to the seniority, which is more beneficial to the employees.
Provision of annual leave
On the basis of the Labor Code, leave should be granted so that at least one part of the leave is at least fourteen calendar days.
However, the employee has the right to negotiate with the employer the dates of the free days. If the employer agrees, the employee can use even the entire holiday leave at once. The employer may also determine at the workplace the so-called holiday vacation plan.
In such a case, the employer is obliged to take into account the employees’ requests regarding the granting of holiday leave. Vacation plans are set by employers to ensure a normal course of work. At the same time, the holiday allowance is only payable if the employee has not used it before the end of the employment contract.