Vacation leave entitlement

On October 22, 2011, in Working Time and Leave, by Kalina Jaroslawska

Summer and vacation time are already over so you might think that this is not a good time to write about vacation leave. Well, perhaps not, but today the weather in my home town was so beautiful and it was so astonishingly warm that I thought about holiday. Because of the “holiday link”, vacation leave is one of the most pleasant areas of labour law, so why not give it some attention?

Vacation leave for all employees

Polish Labour Code provides for annual continuous and paid vacation leave for all employees. The employee may not waive the right to paid vacation leave. In particular, vacation leave may not be exchanged for money (save for one exception related to termination of the employment contract).

How much vacation leave am I entitled to?

Vacation leave entitlement depends on the employee’s overall length of employment so far and years of education. As for education, the greatest credit is given for university education, which counts as 8 years of employment. And so:

  • employees with total length of employment of up to 10 years are entitled to 20 days of vacation leave;
  • empployees with total length of employment of at least 10 years are entitled to 26 days of vacation leave.
The statutory vacation leave entitlement may be extended by the parties to the employment contract, but it may not be shortened. In other words, Polish Labour Code provides for a statutory minimum. Other labour related provisions may equip certain categories of employees with longer statutory vacation leave entitlement, e.g. working minors, teachers, judges, prosecutors, firefighters.
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