02.01.2021

THE EMPLOYER CANNOT TERMINATE THE USE OF OUR LEAVE

The law in Bulgaria provides for two possibilities to interrupt the use of paid annual leave.

In the first place, interruption of the use of paid annual leave may take place when another type of paid leave is granted to the employee during the use of paid annual leave (for example, leave due to temporary incapacity for work (sick leave) or unpaid leave. The paid annual leave of the employee is allowed another type of paid or unpaid leave, the use of paid annual leave is interrupted at his request and the rest is used additionally by agreement between him and the employer.

The interruption is made at the request of the employee and the rest is used additionally by agreement between him and the employer. The law does not provide a special legal form for this request. In practice, this is usually done with an oral request to interrupt the use of paid annual leave on presentation of a sick leave or other document showing that a type of leave other than paid is permitted. It is recommended in this case as well to form the procedure formally, through a written statement freely prepared by the employee, which establishes the will of the party to interrupt the leave and postpone it for a later moment.

Outside these cases, the paid leave of the employee may be interrupted by mutual consent of the parties, expressed in writing. For this purpose, the employee should serve a written request to the other party to interrupt the paid leave. The notified party shall accordingly express its written consent for the leave to be suspended from that date and to be used further.

In addition to these two cases, the employer has no right to unilaterally terminate the use of paid annual leave (for example by order), provided that he has already authorized it for the specified period of time, unless the employee gives his express written consent. 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.

Reference: Art. 175, para. 1 and 2, Art. 155, para. 4 and 5 of the Labor Code