one of the basic principles of labour law is the obligation to use holiday leave in kind in the form of holidays. The replacement of leave with a cash equivalent shall be prohibited, except where the employment relationship is terminated or terminated.
According to Article 171(2) The Labour Code in the event of failure to use the leave in whole or in part due to termination or termination of employment, the worker shall be entitled to a cash equivalent. The employer is obliged to pay the equivalent regardless of the type of employment contract, the length of employment or the reason for termination of employment. Even if the contract of employment is terminated for a trial or temporary period, the employee shall have the right to an equivalent.
This equivalent is due for both current and late leave, regardless of the way in which the employment relationship ended, if the leave was not used in kind during the period of notice. In the case of current leave, the employee shall be entitled to a cash equivalent for leave proportional to the period worked with the employer in the year in which the employment relationship was terminated.
The equivalent amount shall be calculated on the basis of an algorithm based on average remuneration per one the working hours of the specific worker in the establishment in the calendar year concerned. Although the unit of measurement of the length of vacation leave is one the day at which he is granted shall be calculated the amount of leave per hour. Therefore, the method of calculating the equivalent of unused leave is adapted to determine its value as multiple pay per hour of work.
The cash equivalent for unused leave should be paid to the employee on the day of termination of the employment relationship. The right to equivalent shall become chargeable on the date of termination or termination of the employment relationship. Importantly, the equivalent is protected on the same terms as remuneration for work. If the employer fails to pay the equivalent, the employee shall have the right to claim his claims before the labour court.
There is, however, one the exception in which the employer is not obliged to pay the equivalent for unused leave, despite the cessation of employment. This is the case when the parties decide that the employee will use his leave during another employment contract concluded with the same employer immediately after the termination or expiry of the previous contract.