Labor Law Consultation

23.04.2025

IS HOSPITALITY REFLECTED IN THE CALCULATION OF WORK EXPERIENCE?

Work experience within the meaning of the law is the time during which the employee has worked under an employment relationship, as well as the time during which the person has worked as a civil servant. Also, work experience is the time during which civil service or work under an employment relationship was performed according to the legislation of another member state of the European Union, in another state party to the Agreement on the European Economic Area, or in the Swiss Confederation, as well as the time of holding a position in an institution of the European Union, certified by an act of origin and termination of the legal relationship.

The Labor Code provides for cases in which, in the presence of an employment relationship for a certain period of time, during which the employee has not worked, is recognized as work experience.

The time under the employment relationship during which the worker or employee has used unpaid leave for temporary incapacity for work (sick leave) is also recognized as work experience.

Here is a comprehensive list of cases in which the time under the employment relationship during which the worker or employee has not actually worked is recognized as work experience:

  1. Weekends and holidays;
  2. Paid leave used regardless of their reason and the method of payment;

(We remind you that the worker or employee has the right to leave in case of temporary incapacity for work due to a general illness or occupational disease, an occupational accident, for sanatorium-resort treatment and for an urgent medical examination or examination, quarantine, removal from work by prescription of the health authorities, caring for a sick or quarantined family member, urgent accompaniment of a sick family member for a medical examination, examination or treatment, as well as for caring for a healthy child returned from a childcare facility due to quarantine in the facility or the child)

  1. Unpaid leave used, established by this Code or other regulatory acts, when this is expressly provided for;
  2. Unpaid leave used for temporary incapacity for work, for pregnancy and childbirth and for adoption of a child up to 5 years of age;
  3. Time spent in courses, schools and other forms of professional qualification and retraining with detachment from production;
  4. The time during which the employee did not work due to improper denial of work;
  5. The time of suspension from work for a crime committed in connection with work, if the employee was not brought as a defendant under the relevant procedure;
  6. The time of suspension from work after the employee was brought as a defendant, as well as the time of suspension from work under the procedure of the Criminal Procedure Code, if the employee was acquitted or the criminal prosecution was terminated due to the fact that he did not commit the act or that the committed act did not constitute a crime;
  7. In other cases established by the Council of Ministers.

 

Reference:

Art. 351 of the Labor Code

Art. 352, para. 1 of the Labor Code