Not everyone is aware that although the employer is obliged to give a holiday leave, he does not have to do it at any time chosen by the employee. However, a total refusal to take a holiday is an illegal activity.
When does the employer have to leave and when not?
The right to a vacation leave includes at least 14 non-stop working days (including weekends and public holidays). The employer is obliged to give the employee permission for such a leave, but not necessarily on the date he will propose.
The employer may set a different leave date than the one proposed by the employee. Even after accepting a given date, he can then move it without any consequences, even several times, explaining the special circumstances (eg failure in the workplace). The employer can not, however, completely cancel the annual leave. Ultimately, he must give it, in accordance with the Labor Code – in the year in which the employee obtained the right to it or until the 30th of September the following year.
However, there are situations in which the employer can not refuse to give the employee leave during the period required by him. As part of the number of days of annual leave, an employee may use 4 as a leave on demand. They provide emergency protection – an employee can ask for holiday on demand even on the day of work that has already begun. The employer then has to give consent.
The employer must agree to the granting of a vacation leave at the date indicated by the employee also in another case. This applies to employees who apply for leave immediately after the completion of maternity or parental leave. It is worth noting that we are talking here only about vacation leave. Of course, the employer is obliged to grant maternity, parental or parental leave on the indicated date.
What threatens an employer who refuses to give a vacation?
An employer who refuses to grant annual leave in the period specified in the Labor Code is exposed to a fine. It can amount to a maximum of 30,000. zł. Enforcement of law in this area is handled by the National Labor Inspectorate, but a good solution for an employee is to consult a lawyer before applying to that office in order to find a way to preserve his own interests.
Leave on contract – is it due?
Contract of mandate is a work relationship established especially often in recent years. Unfortunately, persons employed under this agreement are not entitled to a holiday leave. It does not apply to the rights and obligations set out in the Labor Code, because this type of contract is not tantamount to a contract of employment. It also means that the employee who owns it is not obliged to stay for 8 hours from Monday to Friday within strictly defined hours at the workplace. The situation of employees employed under a contract for a specific work looks similar. They are also not entitled to a holiday leave.