Employers will soon have to hand in to your employees the holiday leave order for 2021. Pursuant to the Employment Relationships Act (ZDR-1), the employer is obliged to notify employees in writing of the number of days of holiday leave for the current calendar year by 31 March at the latest. Failure to submit your 2021 holiday assessment on time will result in a violation. What is the procedure?
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As an employer, you will order holiday leave 2021 in accordance with the law, but also the Seventh Intervention Act (PKP7) provides for a longer reference period for the use of unused leave from 2019 and 2020. Workers who failed to use the 2019 leave have until the end of February 2021. However, your employees can use unused holiday leave from 2020 until 31 December 2021.
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What is the fine for late assessment for holiday leave for 2021?
ZDR-1 sets high fines for such an offense, up to € 1,000.00 if you are a smaller employer, or up to € 2,000.00 if you employ more than 10 workers. In addition to the employer, a fine of up to EUR 800.00 may also be imposed on the responsible person of the employer.
Holiday leave in 2021 and workers’ rights
The employee acquires the right to holiday leave by concluding an employment contract. An employee with a valid contract for the entire year 2021 can claim full leave in 2021. If the employee is not employed for the entire calendar year, he is entitled to a proportional part of the leave for those months when he was employed by the employer in the current year.
If the employee has unevenly distributed working hours, the average number of days per week in relation to the calendar year shall be taken into account in the allocation for annual leave 2021.
Minimum holiday leave in 2021
In a calendar year, the holiday leave may not be less than four weeks, regardless of whether the employee is working on full-time salary or part-time. Thus, an employee who works eight hours a day and five days a week can claim at least 20 days of annual leave.
Additional days for annual leave in 2021
The employee can claim additional annual leave in the following cases:
- at least 3 additional days of annual leave belong to a disabled worker, a worker with at least 60% physical disability, an elderly worker and a worker with a child in need of special care or protection on the basis of regulations governing family allowances;
- up to 1 additional day of holiday leave for each child up to 15 years of age of the employee;
- additional days of leave may also be prescribed by a collective agreement binding on the employer or a general act of the employer.
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