23.10.2024

WHAT WE NEED TO KNOW IF OUR LEAVE IS UNLAWFULLY TERMINATED

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

Bulgarian legislation provides for two options for interrupting the use of paid annual leave. What do we need to know if our leave is unlawfully terminated?

The first opportunity to interrupt the use of the worker's or employee's paid annual leave occurs when there is authorization for another type of paid leave, such as leave due to temporary incapacity (sickness) or unpaid leave. In this case, the worker or employee has the right to request an interruption of the paid annual leave, and the rest of it to be used additionally by agreement between the parties.

For example, if someone works as an employee in a company and has been granted permission to use their paid annual leave of 15 days in the month of July. At the end of the first week of his leave, the employee falls ill and has to take sick leave for the next 10 days. In this case, the employee can request an interruption of their paid annual leave and continue to take sick leave, then resume their annual leave if there are any days left. This is carried out according to the procedures established by the employer and provided for in the legislation.

Interruption of the use of paid annual leave is carried out at the request of the worker or employee, and for this purpose there is no special legal form for expressing this request. This is usually done with a verbal request upon presentation of a relevant document certifying the other type of leave other than paid annual leave. However, in order to avoid misunderstandings or disputes, it is recommended that this request be made through a written statement that clearly establishes the will of the worker or employee to interrupt and postpone the use of paid annual leave for a later period.

The second option for interrupting paid annual leave involves the agreement of the parties - the worker or the employee and the employer. In this case, the interruption and postponement of the use of leave is done by mutual agreement and can be formed by a written statement from both parties.

For example, if the employee received permission for paid annual leave in the month of August and at the beginning of his leave he gets the opportunity to participate in an international conference at the end of the month. Since the conference represents an important opportunity for his professional development, the employee turns to his employer with a request to interrupt the annual leave and they agree to use the remaining days of leave at a later period after the end of the conference. This consent shall also be documented in writing.

Unilateral termination of paid annual leave by the employer without the consent of the worker or employee is against the law and may lead to legal consequences for the employer. It is therefore important for employers to familiarize themselves with the legal provisions and follow the procedures for discontinuing the use of paid annual leave, ensuring the consent of the worker or employee in the event of changes to their leave scheme.

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