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

  • facebook
  • linkedin
  • reddit
  • stumble
  • twitter
  • rss
  • bookmark
  • email

In today’s entry I will depart for a moment from the immigration issues to turn the readers’ attention to the recent ruling of the European Court of Justice on transfer of undertakings (case no. C-463/09 CLECE SA v Maria Valor and Ayuntamiento de Cobisa, judgment of January 20, 2011).

The EC transfer of undertakings legislation is contained in the Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses.

So far the ECJ has reached a number of judgments according to which takeover of tasks by another organization (e.g. through contracting out) might trigger transfer of undertakings and the consequent takeover of related staff.

In case no. C-463/09 the problem was the other way round, i.e. whether a situation in which a public authority terminates a contract for outsourced services (here: cleaning) and undertakes those services by itself by hiring new employees for that purpose is caught by transfer of undertakings. In its ruling the ECJ stated that the mere taking over by the public authority of the cleaning work that was previously carried out by the contractor, cannot, of itself, indicate the existence of a transfer undertakings. In consequence, employees of the contractor who did the cleaning services have not been taken on by the public authority as a result of terminating the contract and assuming the cleaning work back.

You might also want to look at:

  • facebook
  • linkedin
  • reddit
  • stumble
  • twitter
  • rss
  • bookmark
  • email