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Changes in the Labor Law: 06/06/2021. What about overdue holidays? What has changed in the granting of new leaves. You will get a vacation on time

Changes in the Labor Law: 06/06/2021.  What about overdue holidays?  What has changed in the granting of new leaves.  You will get a vacation on time
[*]Many Poles are already planning a summer vacation. What changes in vacation regulations have occurred as a result of the pandemic, when an employer does not approve or fire an employee, and how to use the remaining vacation days for the previous year?

[*]According to the Labor Law, every worker is entitled to uninterrupted and paid annual leave and this right cannot be waived.

[*]Vacations in 2021. Experts from inFakt remind us of the new employer and employee rights?

[*]The leave must be granted in the year for which it is due. At the request of the employee, it can be divided into parts, but at least one of them must last at least 14 days.
Leave unused in a given calendar year becomes suspended leave and must be used by the end of September of the following year. Can not pay the equivalent late vacation, you just have to use these days – confirms Mateusz Pogushevsky, chief accountant at inFakt. The employer draws up a vacation plan, taking into account the requests of employees and the need to ensure the normal functioning of the enterprise. He does not have to do this if the company’s union has given its consent or if it is not present with the specified employer.

Refusal or cancellation of leave

[*]In the absence of a leave plan in the company, the employer makes an appointment with the employee based on the dates indicated in the leave application. In special cases, the employer may refuse to grant leave. According to § 164 par. 2 of the Labor Code, It is allowed to postpone the date of the vacation due to the special needs of the employer, if the absence of the employee can seriously disrupt the workflow.

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[*]- It may be, for example, a situation in which the employer cannot replace an employee or all employees of a particular job apply for leave at the same time. In such a situation, the employer must grant leave on a different date agreed upon with the employee – notes Mateusz Bogoszewski.

[*]If the worker believes that the employer has no right to refuse his leave, he may claim his rights before the labor court. The exceptions are employees of the so-called critical infrastructure that plays a major role in the fight against the pandemic. It includes, among others, the energy, telecommunications and fuel sectors. As per the provisions of the Anti-Crisis Shield, employers in this sector may refuse to grant leave without giving any reason.

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[*]Each employer may also dismiss an employee from leave, but only if the circumstances that gave rise to this necessity were not known before the start of the leave. Regardless of the reason for the cancellation, the employee is entitled to a refund of the costs incurred, such as airline tickets or the costs of the flight purchased.

Your employer tells you to go on vacation

[*]The legislator expected due to the prevailing epidemic situation Possibility of giving an employee leave without his consent – however, this applies only to delayed leave If the employee does not use the full accrued leave for 2020, the employer may send him/her leave at his/her convenience. It should be emphasized, however, that none of the provisions made in relation to the epidemic provide for the compulsory grant of existing leave or unpaid leave. The employee still has to approve all of them, the inFakt expert assures.

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Leave on Demand – When can I refuse?

[*]In addition to the employee’s prescribed leave He is also entitled to 4 days, the so-called “vacation on demand”. The employer is obliged to provide them, provided that the employee requests a day off before starting work.
However, the inFakt expert points out that the consent of the employer is required to initiate this leave He may reject it, for example in case of staff shortage, which may lead to interruption of business continuity. The basis for refusal may also be an article of the Labor Code, according to which the employee is obliged to take care of the well-being of the workplace or the case when the employee was aware of his absence in advance and the employer did not give him leave at the same time.

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