18.10.2023

HOLIDAY PAY FOR A PART-TIME WORKING DAY

For the duration of the paid annual leave, the employer pays the worker or employee remuneration, which is calculated from the average daily gross labor remuneration charged to the same employer for the last calendar month preceding the use of the leave, during which the worker or employee worked at least 10 working days.

However, what happens when the worker or employee does not work full-time (8 hours), but performs part-time or less? Is there a change in the calculation of the amount of vacation days and the corresponding pay?

First of all, let's note that according to the law, the worker and the employee who works part of the statutory working time (part-time) has the right to paid annual leave in proportion to the time that is recognized as work experience. The length of service, on the other hand, is calculated in days, months and years.

For even greater specificity, the law states that one day of work experience is recognized as the time during which the worker or employee worked at least half of the legally established working hours for the day in one or more employment relationships.

This means that when the person is appointed at eight, seven, six five and four, they are entitled to the full 20 working days of paid annual leave.

For employees who work less with working hours of less than four hours, the amount of leave is determined proportionally as follows for employees:

- at 8 hours - 20 working days off;

- at 7 hours - 20 working days off;

- at 6 hours - 20 working days of leave;

- at 5 hours - 20 working days of leave;

- at 4 hours - 20 working days off;

- at 3 hours - 8 working days of leave (rounded from 7.5);

- at 2 hours - 5 working days off;

- per 1 hour - 3 working days (rounded from 2.5).

The gross remuneration for determining the benefits for paid annual leave is the gross remuneration received by the worker or employee for the month preceding the month in which the basis for the relevant benefit arose, or the last monthly gross remuneration received by the worker or employee, unless otherwise is provided.

The gross remuneration for determining the remuneration for paid annual leave shall include:

1. the basic salary for the time worked;
2. the remuneration above the basic salary, determined according to the applied labor payment systems;
3. the additional labor remunerations determined by the ordinance, by another normative act, by a collective or individual labor contract or by an internal act of the employer, which are of a permanent nature;
4. the additional remuneration for internal replacement;
5. the remuneration in accordance with Art. 266, para. 1 of the Labor Code;
6. the remuneration paid for downtime or due to production necessity;
7. the remuneration pursuant to Art. 268, para. 2 and 3 of the Labor Code;
8. The additional wages of a permanent nature for the educational degree "doctor" and for the scientific degree "doctor of sciences", as well as for acquired work experience and professional experience.

 

Reference:

Art. 177, Art. 222, paragraph 3, art. 228, para. 1, Art. 355, para. 1 and 2 of the Labor Code

Art. 17, para. 1 of the Ordinance on the structure and organization of the salary