02.08.2023

THE EMPLOYER HAS NO RIGHT TO INTERRUPT OUR LEAVE

Due to the increasingly noticeable lack of labor in some enterprises, some jobs remain unoccupied, which creates tension between workers and employees with the allocation of vacation days.

It is important to note that the practice of an employer unilaterally terminating paid annual leave that it has already granted is illegal.

The law in Bulgaria provides two options for interrupting the use of paid annual leave.

First of all, the use of paid annual leave can be interrupted when, during the use of paid annual leave, the worker or employee is allowed another type of paid (for example, leave due to temporary incapacity/sickness) or unpaid leave. When during the use of the paid annual leave the worker or employee is allowed another type of paid or unpaid leave, the use of the paid annual leave is interrupted at his request and the remainder is used additionally by agreement between him and the employer.

The interruption is carried out at the request of the worker or employee and the remainder is used additionally by agreement between him and the employer. The law does not provide for a special legal form for this request. In practice, this is usually done with a verbal request to interrupt the use of paid annual leave upon presentation of a sick leave or other document from which it is clear that a type of leave other than paid leave is permitted. In this case, it is also recommended that the procedure be formalized, through a freely prepared written statement by the worker/employee, which establishes the will of the party that the leave be interrupted and postponed for a later time.

Apart from these cases, the paid leave of the worker or employee may be interrupted by mutual agreement of the parties expressed in writing. For this purpose, the worker/employee or the employer should deliver a written request to the other party to interrupt the paid leave. Accordingly, the notified party should express his written consent for the leave to be interrupted from the relevant date and used additionally.

Apart from the two specified cases, the employer has no right to unilaterally (for example, by order) interrupt the use of paid annual leave, given that he has already authorized it for the specified period of time, unless the worker or employee gives his express written consent to this. The same applies in the opposite situation - without the written consent of the employer, the employee cannot unilaterally terminate the use of his annual leave, except in the cases listed above.

According to Bulgarian legislation, the amount of the basic paid annual leave is not less than 20 working days, and some categories of workers, depending on the special nature of the work, are entitled to extended paid annual leave.

Reference:

Art. 175, para. 1 of the Labor Code

Art. 175, para. 2 of the Labor Code

Art. 155, para. 4 of the Labor Code

Art. 155, para. 5 of the Labor Code