According to the law, workers have several justified absences from work, such as for example due to illness, their own wedding, the first day of school for a child 🙂 and also for annual leave. For the purposes of this paper, we will focus on the latter and present a summary of the rights and obligations of employers and employees related to annual leave.
The right to annual leave
Annual leave is the right of employees, determined by the Labor Relations Act (ZDR-1). An employee acquires the right to annual leave by entering into an employment relationship. The length of annual leave and its use is determined both by ZDR-1, as well as by industry collective agreements and internal acts of the employer. In general, collective agreements and internal acts of the employer must guarantee at least the rights to the extent specified by ZDR-1, but they can specify more favorable conditions for workers. Insofar as the collective agreement, or the internal acts of the employer, or directly by the employment contract specify rights to a lesser extent than those stipulated by ZDR-1, these provisions are null and void.
Annual leave is calculated by 31.3.2022
According to ZDR-1, the employer must notify employees in writing of the number of days of annual leave for the current calendar year no later than March 31 of the current year. If the assessment is not submitted on time, the employer is guilty of an offence. The fine for such an offense ranges from 750 to 2,000 euros for the employer, and from 100 to 800 euros for the responsible person of the employer (Article 217.b ZDR-1).
Number of days of annual leave 2022
Annual leave may not be shorter than four weeks in an individual calendar year, regardless of whether the employee works full-time or part-time. So what is the minimum number of days of annual leave? The minimum number of days of an employee’s annual leave depends on the distribution of working days per week for an individual employee. A day of annual leave is considered to be any working day that, according to the employer’s schedule of working hours, is determined as a working day for an individual employee, regardless of whether the employee works full-time or part-time. This means that an employee who works five days a week for eight hours a day has the right to at least 20 days of annual leave.
If the employee has a valid contract for the entire year 2022, he is entitled to the entire vacation for that year. If the employee entered into an employment relationship during 2022, he is entitled to a proportional share of leave in the amount of 1/12 of the annual leave for each month of employment with the employer.
ZDR-1 provides for additional vacation days in the following cases:
- An older worker is entitled to at least 3 additional days of annual leave;
- Disabled workers and workers with at least 60% physical impairment are entitled to at least 3 additional days of annual leave;
- A worker with a child who needs special care or protection on the basis of the regulations governing family allowances are entitled to at least 3 additional days of annual leave;
- An employee is entitled to 1 additional day of vacation for each child up to the age of 15;
The collective agreement, the general acts of the employer, or the employment contract may specify additional vacation days.
Use of annual leave 2022
Regarding the use of annual leave, ZDR-1 stipulates:
- An employee can use the annual leave in several parts, provided that one part must last at least two weeks.
- The employer may require the employee to plan to use at least two weeks of annual leave for the current calendar year.
- The employer is obliged to provide the employee with the use of annual leave in the current calendar year, and the employee is obliged to use at least two weeks by the end of the current calendar year, and the rest of the annual leave in agreement with the employer by June 30 of the following year.
- The employee has the right to use all annual leave that was not used in the current calendar year, or until June 30 of the following year due to absence due to illness or injury, maternity leave or leave for care and protection of the child, until December 31 of the following year.
- An employee who works abroad can use his annual leave in full until the end of the following calendar year, if it is stipulated in a collective agreement that binds the employer.
Due to the COVID-19 epidemic, there has been a deviation from the provisions from the previous paragraph in recent years, both in terms of the amount of annual leave used in an individual calendar year, as well as the final deadline for using annual leave. Thus, unused annual leave for the year 2020 is carried over until 1 April 2022, and for the year 2021 until 31 December 2022 (PKP 10).
How to use annual leave 2022
ZDR-1 lays down the general provision that annual leave is used sensibly, taking into account the needs of the work process and the opportunities for rest and recreation of the employee and taking into account his family obligations. For example, parents of school-age children have the right to use at least one week of annual leave carnival during the school holidays. The employee also has the right to use one day of annual leave on the day he determines, which he must inform the employer about at the latest three days before use. However, in the spirit of the first sentence in this paragraph, the employer may deny the employee the use of annual leave during the school holidays, or on a day determined by himself, if the employee’s absence would seriously jeopardize the work process.
Resignation from the right to annual leave is not possible
Article 164 of the ZDR-1 stipulates that a declaration by which an employee waives the right to annual leave is invalid. An agreement by which the employee and the employer would agree on monetary compensation for unused annual leave is also invalid, except upon termination of the employment relationship. In connection with this, the EU Court also decided that the worker is entitled to the payment of compensation for unused annual leave, even if he does not apply for it (EU Judgment).
If you would like a paid consultation regarding the calculation and use of leave, you can contact us at info@promotiv.si
Urška Jerič
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