Continuing vacation – What does it mean?

dailyblitz.de 1 year ago
Zdjęcie: nieprzerwany-urlop-wypoczynkowy-–-co-to-oznacza?


Holiday leave, in accordance with the provisions of the Labour Code, aims to regenerate the staff force, which in turn is intended to improve its efficiency at work. In practice, this means that an worker has the right to annual, uninterrupted, paid vacation leave which he cannot waive.

Key rules for continuous leave:

  1. Continuing holiday: In accordance with Article 152(1) of the Labour Code, vacation leave should be continued. This means that a individual should be able to take longer leave so that he can remainder effectively.
  2. Breakdown of leave into part: Article 162 of the Labour Code provides for the anticipation of dividing the leave at the request of the employee. However, in specified a case, at least 1 part of the leave should last not little than 14 consecutive calendar days. This includes both working days and off days (Sundays, holidays, off-duty days resulting from the work schedule).

What does 14-day leave mean?

The 14-day leave period counts as 14 calendar days in a row. This means that the individual should have at least 1 remainder period which covers 14 consecutive calendar days. These 14 days include all days, whether they are working days or days off.

Benefits of a 14-day leave for the worker and employer:

  • For the employee: A longer remainder period allows for fuller regeneration of forces, which translates into greater efficiency after returning to work.
  • For the employer: Prevents the shredding of leave, which can be beneficial for the organisation of work and the planning of human resources.

Obligations and rights of the worker and employer:

  • Employee: He should guarantee that at least 1 part of the leave in a given year lasts 14 consecutive calendar days.
  • Employer: He may encourage a individual to take 14-day leave, but he cannot force him to take specified leave without his request.

In practice, this means that the employer cannot unilaterally plan and impose on the individual a period of leave without his consent. The granting of leave must comply with the employee's request, which requires agreement between both parties.

Thus, both employees and employers should bear in head the request to communicate and plan leave in specified a way that they comply with the laws and needs of both parties.

Can an worker refuse to take 14-day leave?

Yes, an worker may refuse to take 14-day leave. The employer shall not be entitled to force the individual to apply for leave of absence, but in the case of outstanding leave and leave during the period of notice. In the case of late leave, the employer may send an worker on specified leave without his request. Under Article 168 of the Labour Code, late leave must be utilized by 30 September of the following calendar year at the latest. The ultimate Court judgement of 2 September 2003 (I PK 403/02) confirms that the granting of late leave on the basis of Article 168 k.p. does not require the employee's consent even erstwhile the period of termination of the employment contract runs.

During the period of notice, an worker must usage his leave of absence if the employer gives it to him, as is apparent from Article 167^1 of the ultimate Court in its judgement of 26 April 2011 (II PK 302/10) ruled that the granting of leave of remainder during the period of announcement depends solely on the will of the employer whose worker cannot object. Exemption from the work to work during announcement may consequence from an agreement between the employer and the employee, creating an additional contract. If this agreement does not require an worker to usage leave during a period of inactivity, the employer may not force the individual to take leave during that period.

It's not always an offense.

Failure to give a individual a 14-day remainder does not always constitute an offence against workers' rights. However, this may be considered a socially harmful and criminal offence erstwhile the employer does not grant leave despite an employee's request. If an worker is not curious in a long vacation and does not apply for a 14-day rest, you cannot talk about the faulty action of the employer. The employer is obliged to supply employees with the right to leave. Pursuant to Article 282 (1) (2) of the Code, who does not grant a individual leave, he shall be fined from PLN 1 000 to PLN 30 000.

Refusal of the right to vacation leave is an offence against the rights of an worker for which the employer is responsible, who has the work to grant vacation leave. In the context of a 14-day leave, an offence occurs erstwhile the employer's action meets the statutory conditions for misconduct, i.e. it is simply a socially harmful and criminal offence, which is the case where the employer does not grant leave despite an employee's application. If the worker does not want a 14-day leave and does not submit an application, the infringement of Article 162 of the Code shall not consequence from the employer's fault.

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Continuing vacation – What does it mean?

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