The date of the employee’s vacation leave is usually determined much earlier, so that the employee knows when they can expect time off and the employer knows when they need to arrange for a replacement.

The starting day has come, the employee is absent from work, but I need him or her to help in an important business.

Can I as an employer require the employee to break their leave and return to work? Can I order them to do so?

Polish Labour Code protects the employee’s right to vacation leave.

Once the leave has been started, it may be recalled only in exceptional circumstances, which could not be foreseen on the starting day of the vacation leave. Importantly, these exceptional circumstances must be supported by the employer’s particular needs which could not be accommodated without the employee’s presence.

For example, the employer may not require the employee to return to work only for the purpose of terminating the employment contract. During vacation leave the employee is protected from termination.

Legally, the employer’s request in an employment law order, which the employee should obey under pain of applicable sanctions, including immediate termination of the employment contract – provided that the employer had the right to require the employee to return to work.

When the employee breaks their vacation leave at the employer’s request, the employer should reimburse the employee for the related costs, e.g. costs of earlier return. However, it is for the employee to demonstrate the amount of such costs in order to be able to claim them from the employer.

Image courtesy of FreeDigitalPhotos.net

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Work on Sundays and national holidays in Poland

On June 4, 2012, in Working Time and Leave, by Kalina Jaroslawska

In a series of entries about working time we have already covered:

One important issue left is work on Sundays and national holidays.

Sundays are obvious. But what are national holidays?

National holidays in Poland are determined in a statute. There are 13 days counted as national holidays in a year, which is actually much more than in many European countries.  Just as many Polish employees work overtime, they also love time off during holidays.

Sundays and national holidays are days off work and basically work during those days is prohibited. However, there is an extensive list of exceptions, such as shopping malls (but they should closed on national holidays), search and rescue actions, restaurants, hotels, transportation, hospitals.

An employee who works under a particular working time schedule, referred to as the weekend working time schedule, may also work on Sundays and national holidays. Such an employee may work as long as 12 hours a day (i.e. 4 hours longer than the standard working time scheme).

Work on Sundays and national holidays is rewarded primarily by a day off in lieu. When this is not possible, an employee is entitled to an additional pay premium in the same amount as for overtime work.

An employee working on Sundays on a regular basis should have a Sunday off once in every 4 weeks.

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