26.08.2022

WHO IS ENTITLED TO ADDITIONAL PAID LEAVE?

According to Art. 155, para. 4 of the Labor Code (LC), the amount of basic paid annual leave is not less than 20 working days. The provision of Art. 155, para. 5 of the Labor Code provides that certain categories of workers and employees, depending on the special nature of the work, have the right to extended paid annual leave, which includes the leave under para. 4.

The amount of paid leave under Art. 155 of the Labor Code (both of the basic and of the extended) is annual, and with regard to determining the specific amount due to a given worker or employee, the law introduces the principle of proportionality in relation to the time that is recognized as work experience. In Art. 156 of the LC provides that the worker or employee has the right to two types of additional paid annual leave:

- for work under specific conditions and risks to life and health that cannot be removed, limited or reduced, regardless of the measures taken - not less than 5 working days;

 - for work with an irregular working day - not less than 5 working days.

The right to additional paid annual leave under Art. 156, para. 1, item 1 of the LC is used in compliance with the requirements of the Ordinance on determining the types of work for which additional paid annual leave is established, issued on the basis of Art. 156, para. 2 of LC.

The types of work performed under specific conditions and risks to life and health that cannot be removed, limited or reduced, regardless of the measures taken, for which additional paid annual leave is established as an additional measure to prevent health risks for workers , are comprehensively specified in Art. 2 of the cited regulation. According to Art. 139a, para. 1 of the Labor Code, for some positions due to the special nature of the work, the employer, after consultation with the representatives of the trade union organizations and with the representatives of the workers and employees under Art. 7, para. 2 of the LC, may establish an irregular working day.

Workers and employees with an irregular working day are obliged, if necessary, to perform their work duties even after the expiration of the regular working hours. Work overtime on weekdays is compensated with additional paid annual leave, and work on weekends and holidays - with increased overtime pay. If a worker/employee meets the above requirements, he/she is entitled to both extended paid annual leave and additional paid annual leave, which leaves are granted on different legal grounds.