22.12.2022
HOW DO I CARRY OVER MY HOLIDAY TO THE NEXT YEAR?
The use of paid annual leave can be postponed to the following calendar year by both the employer and the employee:
The Labor Code provides that the worker or employee uses their paid annual leave until the end of the calendar year to which it relates. When the use of the paid annual leave is postponed by the employer for the following year, in this case the worker/employee is provided with the use of no less than half of the paid annual leave due to him for the calendar year. In case of postponement by the worker/employee, he/she may have postponed all or part of the paid annual leave. Leave is postponed at the request of the employee and with the consent of the employer. The consent of the employee and the employer is sufficient for the leave to be postponed for the following year.
When the leave is postponed or not used until the end of the calendar year to which it refers, the employer is obliged to ensure its use in the following calendar year, but no later than 6 months, counting from the end of the calendar year to which it refers lays When the paid annual leave or a part of it is not used until the expiration of two years from the end of the year for which it is due, regardless of the reasons for this, the right to use it is extinguished by statute of limitations.
The law establishes that at the beginning of each calendar year, but no later than January 31, the employer is obliged to notify each worker or employee in writing of the amount of paid annual leave they are entitled to use during the calendar year, including deferred or unused from previous calendar years.
Reference:
Art. 176, para. 1 of the Labor Code
Art. 173, para. 5 of the Labor Code
Art. 176, para. 1, item 2 of the Labor Code
Art. 176, para. 2 of the Labor Code
