What amount of vacation leave is an employee entitled to?

The amount of vacation leave an employee is entitled to depends on the length of service, i.e. the total period of employment with each of the previous employers. The length of service also includes the period of study in:

– basic vocational school – no more than 3 years of work experience,

– secondary vocational school – no more than 5 years of work experience,

– secondary general school – no more than 4 years of work experience,

– post-secondary school – 6 years of work experience,

– university – 8 years of work experience.

If the length of service is less than 10 years, the employee is entitled to 20 days of vacation leave per calendar year. If the length of service is longer than 10 years, the employee is entitled to 26 days of vacation leave per calendar year.

What annual leave is employee entitled to after starting the first job?

The amount of vacation leave due upon taking up the first job is regulated in Article 153 of the Labor Code. According to this provision, in the calendar year in which the employee started their first job, after each month worked, they acquire the right to vacation leave in the amount of 1/12 of the amount of vacation leave they are entitled to after one year of work. In practice, this means that an employee with less than 10 years of work experience is entitled to 20 days of vacation leave in a calendar year, so after starting their first job, after each month worked, they acquire the right to 1.66 days of vacation leave.

What vacation leave is available in the event of starting or ending work during the calendar year?

In the calendar year in which the employment relationship ends, the employee is entitled to vacation leave proportional to the period of employment with that employer in the year of termination of the employment relationship, unless the employee used the vacation leave in full, to which they are entitled in a given calendar year, before the contract expires.

Similarly, when starting work for a new employer, the employee is entitled to vacation leave proportional to the period remaining until the end of the year in which the employee started the new job.

Is a contractor employed under a contract for services entitled to vacation leave?

No, a contractor employed under a contract for services is not entitled to the rights arising from the Labor Code in terms of vacation leave. The provisions of the Civil Code also do not regulate this issue. However, there is nothing to prevent the contractor from establishing with the client the possibility of using days off from work, on the terms agreed by the parties.

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