In the practice of our accounting office in Krakow and the accounting office in Warsaw, we often come across questions from our clients regarding labor law. They contact us with a need for legal advice on labor law for employers with doubts that arise in the course of their business. An example of this is a doubt regarding the obligation to grant an employee an uninterrupted 14-day vacation.

In accordance with Article 162 of the Labor Code, when the employee’s vacation leave is divided into parts, at least one of them should last no less than 14 consecutive calendar days.

However, if the employee indicates in the leave application the dates for taking the leave that will not cover 14 days, then accepting such an application does not constitute an offense against the employee’s rights, as provided for in Article 282 paragraph 1 point 2 of the Labor Code.

In the case of dividing the leave into parts, according to the literal wording of the provision cited above, at least one part of the leave should last no less than 14 consecutive calendar days. Although such division of the leave into parts, none of which lasts at least 14 days, is contrary to the literal wording of the provision of Article 162 of the Labor Code, this act does not fulfill the provisions of Article 282 § 1 point 2 of the Labor Code, which sanctions the failure to grant the employee the leave to which he is entitled. It is assumed that the employer is obliged to provide the employee with the possibility of using an uninterrupted leave of 14 days. In the event that the employee expresses the will to divide the leave into shorter parts and does not want to use his right to it, it cannot be said that the employer has violated the provisions of the Labor Code. However, it should be emphasized that due to the fact that dividing the leave into parts requires the employee’s application, it is worth taking care of written applications in this matter for evidentiary purposes.

If you need services we offer, contact us:

Accounting office in Warsaw

PHONE: +48 22 292 47 21
EMAIL: biuro.warszawa@prwt.pl

Accounting office in Krakow

PHONE: +48 12 345 21 06
EMAIL: biuro.krakow@prwt.pl