The lawyer advises on how not to come across when taking a holiday and what a claim is

Going on vacation and are you worried that you might come across a company? You, because the employer did not approve the term permission and over the other term, or the withdrawal from the permission? What an employee is working on according to the end of the work, counsel Hana Vrbkov, lawyer of KODAP legal.

1.When will my employer take my holiday?

It must be stated at the outset that the employer does not allow or prohibit the holiday, but he is the one who determines the date of its use. Of course, this can be done on the basis of quite an employee, when in practice it is often allowed thermal eruption as a result of an agreement between the employer and the employee, respectively. The consent of the employer with the employee’s proposed term can also be understood as his urn.

The employer can prohibit the holiday, ie not satisfy the employee enough to take it, for example, if his operational needs do not allow him to release the employee in the required period, even if the employee is on leave, and he did not take a trip (for example, when a weekly holiday in January), or, conversely, his entitlement to leave expired (for example, in the event of a shortened leave, not excused due to absence from work). The employer does not have to justify his decision in any way.

2.Under what conditions does the employer give me a holiday?

The employer is obliged to issue, with the prior consent of the trade unions of the organization and the council of employees, if he works, a written schedule of work permits.

When assembling it, he is obliged to take into account, in addition to his operational needs, the correct interests of the employees. This means that, for example, he should take into account when giving birth on birth during the holidays of all children. The only case where the employer does not have to adhere to these forms is to order a mass pump.

For example, the employer may not give leave, for example, for the period of maternity leave and parental leave, even for the period when the employee is incapacitated for work. The employer is obliged to notify the employee of the period of use at least 14 days in advance, unless he agrees with him on a shorter period.

The employer is obliged to take the leave of the employee so that he uses it in the calendar year in which he became entitled to it. The only reason for the transfer of leave to the next year may be a problem on the part of the employee (eg long-term incapacity for work) or urgent operating reasons at the employer.

If the leave is determined in several hundreds, at least one should last at least two weeks, unless the employee and the employer agree otherwise.

3.What happens to an unused vacation?

Such a situation should not occur at all. However, if this happens, it is expected that it will not be exhausted until the next calendar year, in which it must be exhausted by the employer. If the determination of the erpn time is not reached by the end of June, the first employee to determine the erp allowed period may. Like the employer, he is also obliged to notify the employer of the period of drawing at least 14 days in advance.

If it is not possible to use the leave in this way, for example, due to the use of parental leave and other checks at work, the employer must determine it after the completion of these checks. The Nevyerpan holiday did not end, but continued for years to come. The actual erpn allowed cannot be replaced by its pass. Reimbursement of wages for untaken leave can be provided to employees only in the event that the employment relationship ends, nor would the leave be completely exhausted.

4.When will the employer revoke my employee from leave?

If it changes the substantial conditions under which the destination was allowed. In such a case, the employer is obliged to compensate the employee for the costs incurred, ie, for example, to pay a proportional price of the trip for the period that the employee did not use, even the costs associated with an unexpected journey from the city allowed to live and work.

If the employer cancels the employee’s registered holiday immediately before departure, he is obliged to pay all cancellation fees related to the departure.

5.When does the employer provide holiday allowances?

In the state network, for the most part, the employer consists of holding a fund of cultural and social needs, from which employees can contribute, among other things, to holidays and recreation. The method of utilization of this fund is determined by the employer.

An employer in a private sector is not obliged to create funds, and it is also up to them to decide whether or not to provide any holiday allowance to their employees.

The rules for the provision of individual benefits to employees, including the holiday allowance, may be set out in the employer’s internal regulations as well as in the collective agreement, if the employer has trade unions in the organization. With these documents, the employee must be acquainted at the start of work and must be available to the employer throughout the work.