Free May 2 without leave – Republic

Approaching picnic. Many companies decide to close offices or factories in the day of Christmas falling out between May 1 and 3, forming the so-called. bridge. Some employers require at the same time, to this day employed scrawled absences, arguing that in this day of inactivity usual activities. Such a commitment of employees to take leave but there is no basis in the applicable provisions of the labor law.

For the boss to decide …

The right employee to leave one of his basic rights, but in practice it is the employer ultimately decides on its implementation (as the Supreme Court in its ruling of 9 May 2013. II PK 199/12). He in fact agree to the term used by the employee leave, which applies to all types of leave. Employed can not go on vacation without the consent of the employer, even if the commencement date of the plan due to leave (yes including Supreme Court judgment of 16 December 2008. I PK 88/2008). Nor can the arbitrary decision to start leave on request. Contrary to the customary understanding also leave on request, for the lawful commencement and use, requires the consent of the employer. Otherwise, the employer may treat the absence of a subordinate as unjustified, which entitles him to take action even disciplinary solutions from the employment contract (Supreme Court judgment of 16 September 2008. II PK 26/08).

… but no initiative

all of this does not mean, however, that the employer is free to appoint employees days or periods in which to take advantage of holidays. This permission of the employer is in fact limited by the provisions of the Labour Code, which essentially define two cases where he may impose employee term holiday use.

First of all, may do so during the period of notice (Art. 167 ¹ kp). The right of the employer does not depend on which side of the employment relationship has terminated the contract.

The second situation concerns the overdue leave, or unused vacation days from previous years, which were not yet time. According to the art. 168 K. P. the employer is required to grant the employee leave unused in a given calendar year by 30 September of the following calendar year. Currently, non-controversial, that this obligation should be read at the same time as the employer’s right also to indicate the start and end dates of such rest (Supreme Court judgment of 2 September 2003. I PK 403/02), and even to grant a subordinate of such leave against his will, in the absence of consent (Supreme Court judgment of 24 January 2006. I PK 124/05). This means that an employer can not allow an employee to work on, which gave him leave, and moreover, it can also discipline the person objecting to the use of such leave by disciplinary penalties warning or reprimand. At the same position it is also Labour Inspectorate (post published in “Labor and Social Security” No. 9/2009).