01.02.2022

WHEN WE ARE ENTITLED TO BIRTHDAY LEAVE

There is no explicit provision in the Labor Code that entitles an employee to use leave because he or she has a personal holiday (birthday in this case).

Leave due to personal holiday (birthday) can be agreed in the collective labor agreement (CLA) or by agreement between the employee and the employer. This means that if there is no collective agreement (CLA) that applies to the individual employee, the only way to obtain the right to use such leave is by individual agreement between the parties (which can be concluded at any time during the operation of the employment relationship), otherwise the employee will not be entitled to leave. If the employer does not agree to conclude an individual agreement or collective agreement in which this right is regulated, then the birthday leave is not due to the employee.

Reference:

Art. 50 of the Labor Code

Art. 66, para. 2 of the Labor Code