11.10.2023

WHEN ARE WE ENTITLED TO ADDITIONAL PAID LEAVE?

When is my employer obliged to give me additional paid leave and under what conditions?

According to Art. 155, para. 4 of the Labor Code the amount of the main paid annual leave is not less than 20 working days. The provision of Art. 155, para. 5 of the Labor Code provides that some categories of employees, depending on the special nature of the work, are entitled to extended paid annual leave, which includes the leave under para. 4.

The amount of leave paid under Art. 155 of the Labor Code (both the main and the extensions) is annual, and with regard to the determination of the specific amount, the law implemented to an employee, the law introduces the principle of proportionality to the time it is recognized as work experience to it S In Art. 156 of the Labor Code provides that the employee is entitled to two types of additional paid annual leave: - for work under specific conditions and risks to life and health that cannot be eliminated, limited or reduced, regardless of the measures taken - not less than 5 working days; -for work on an unnormated working day-no less than 5 working days. The right to additional paid annual leave under Art. 156, para. 1, item 1 of the Labor Code shall be used in compliance with the requirements of the Ordinance for determining the types of works, for which additional paid annual leave is established, issued on the grounds of Art. 156, para. 2 of the Labor Code.

The types of works performed under specific conditions and risks to life and health that cannot be eliminated, limited or reduced, regardless of the measures taken for which additional paid annual leave is established, as an additional measure for the prevention of health risks for workers and The employees are exhaustively referred to in Art. 2 of the cited ordinance. According to Art. 139a, para. 1 of the Labor Code, for some positions due to the special nature of the work, the employer, after consulting with the representatives of the trade union organizations and with the representatives of the employees under Art. 7, para. 2 of the Labor Code, may establish a non-working day.

Employees and employees with a non -working day are obliged to fulfill their employment duties as needed after regular working hours. Working on regular working hours is offset by additional paid annual leave on working days, and work on weekends and holidays - with increased overtime remuneration. If a worker/employee meets the above requirements, he or she is entitled to extended paid annual leave and additional paid annual leave, which leaves are granted on various legal grounds.