In line with the general principle in force in Polish labor law, the final decision on the consent to the employee’s annual leave at a specific time is made by the employer. Clients of our PRWT accounting office ask if they can change their decision and recall an employee from annual leave?

The employer may recall an employee from annual leave under Art. 167 of the Polish  Labor Code if there are circumstances requiring the employee’s presence at work and the employer was not able to foresee these circumstances at the time the employee was granted leave.

The recall is made on the basis of a unilateral decision of the employer. However, please note that:

– an employer recalling an employee from leave is obliged to cover the costs incurred by the employee related directly to the recall,

– the employer is obliged to grant the employee a leave on another date agreed with the employee,

– in the event of receiving an order to return to work, the employee is obliged to comply with the employer’s order (refusal may result in the allegation of violation of basic employee duties – including the principle of the employee’s obligation to care for the well-being of the workplace). It is up to the employer to assess whether the circumstances justifying the dismissal of the employee from the leave, therefore the employee may not refuse to interrupt the leave and return to work.