21.09.2022
HOW MANY DAYS OF VACATION DO I HAVE IF I WORK IN TWO PLACES?
In Art. 355, paragraph 1 of the Labor Code provides that the length of service is calculated in days, months and years. 1 day of work experience is recognized as the time during which the worker or employee has worked at least half of the legally established working hours for the day under one or more employment relationships. For 1 month of work experience, the calendar month in which at least 21 days of a five-day work week are worked is considered - para. 3 of Art. 355 of the Labor Code. According to Art. 111 of the Labor Code, the worker or the employee may enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless otherwise agreed in his individual employment contract under the main employment relationship.
When a worker or an employee works under an employment contract for additional work with the same or another employer under Art. 110 or art. 111 of the Labor Code, he has the right to paid annual leave under the employment contract for additional work - in this case under both employment contracts. The calculation of the paid annual leave under the contract for additional work is carried out according to the general procedure, and the time that would eventually be recognized as work experience is calculated and accrued by hours, days and months.
According to Art. 23, para. 2 of the Ordinance on working hours, breaks and vacations, the worker and the employee who works part of the statutory working time (part-time) has the right to paid annual leave in proportion to the time that is recognized as work experience. The amount of paid annual leave, which is used on working days according to the calendar, is determined on the basis of the work experience recognized in the order indicated above.
According to Art. 155, para. 4 of the Labor Code, the amount of basic paid annual leave is not less than 20 working days. Under the basic employment contract for the calendar year, you are entitled to paid annual leave of no less than 20 working days. Under the employment contract for additional work, you have the right to paid annual leave in proportion to the time you are credited with working experience - in this case until the termination of the employment contract.
Upon termination of the employment relationship, the employer owes compensation for unused paid annual leave under Art. 224 of the Criminal Code, the right to which has not been extinguished by statute of limitations. The exact calculations are made by the employer.