(1) The right to paid annual leave is guaranteed for all employees.

(2) The right to annual rest leave may not be the subject of any assignment, waiver or limitation. Any agreement waiving, in whole or in part, this right is void.

(3) Every employee who works on the basis of an individual employment contract benefits from the right to annual rest leave.

(1) All employees are granted an annual paid rest leave, with a minimum duration of 28 calendar days, except for non-working holidays.

(2) For employees in some branches of the national economy (education, health care, public service, etc.), by organic law, another duration of annual leave may be established (calculated in calendar days).

(1) The working year for which annual leave is granted shall constitute 12 calendar months from the date of employment of the employee.

(2) The calculation of length of service that is included in one year of work is carried out according to art. 114.

(1) The seniority that gives the right to annual leave shall include:

a) the time when the employee actually worked;

b) the time when the employee did not actually work, but his job (position) and the average salary were fully or partially maintained;

c) the time of forced absence from work - in case of illegitimate dismissal from service or illegitimate transfer to another job and subsequent reinstatement at work;

d) the time when the employee did not actually work, but maintained his job (position) and received various payments from the state social insurance budget, except for the partially paid leave for childcare until the age of 3;

e) other periods of time provided by the collective agreements, by the collective or individual labor contract, by the internal regulation of the unit.

(2) Unless the collective agreements, the collective or the individual employment contract provide otherwise, in the length of service, which gives the right to annual leave, the following shall not be included:

a) the time of unjustified absence from work;

b) the period of being on leave for the care of the child up to the age of 4 years;

c) the period of unpaid leave with a duration of more than 14 calendar days;

d) the period of suspension of the individual employment contract, except for the cases provided in art. 76 letters a) -d) and in art. 77 letters b).

(1) The duration of annual leave in proportion to the time worked in a year of employment shall be calculated by multiplying the duration of leave for one month by the number of complete months worked in that year of employment.

(2) Decimals obtained in calculating the duration of annual leave in proportion to the time worked in a year of employment equal to 0.5 and more shall be rounded up to one day and less than 0.5 shall be excluded from the calculation.

(3) The calculation of full months worked in a working year shall be made as follows:

a) the days worked in a working year are counted;

b) the amount obtained is divided by the average monthly number of working days per year;

c) the balance of days, which constitutes 15 or more calendar days, is rounded up to a full month;

d) for the balance of days from 6 to 14 calendar days, the employee will be granted 1 day of leave.

(1) Paid leave for the first year of employment is granted to an employee after six months of continuous employment with the company.

(2) Before the expiry of six months of continuous employment, paid leave for the first year of employment shall be granted upon written application to the following categories of employees:

a) women - before or immediately after maternity leave;

b) b) employees up to the age of 18;

c) Other employees, in accordance with current legislation.

(2.1) Paid leave for the first year of employment may be granted to employees even before the expiry of six months of employment at the unit.

(3) Employees transferred from one unit to another may be granted annual leave even before the expiration of 6 months of work after the transfer.

(4) Annual paid leave for the following years of employment is granted upon written request of an employee at any time of the working year according to a schedule. At the employee's written request, the annual leave can be granted outside the established schedule.

(5) Annual leave may be granted in full or, on the basis of a written request by the employee, it may be divided into parts, one of which shall last for at least 14 calendar days.

(6) Annual leave shall be granted to the employee on the basis of the order (disposition, decision, resolution) issued by the employer.

(1) The scheduling of the annual rest leave for the following year is made by the employer, in agreement with the employees' representatives, at least 2 weeks before the end of each calendar year.

(2) When scheduling the annual rest holidays, the desire of the employees is taken into account, as well as the need to ensure the good functioning of the unit.

(2.1) The period and duration of scheduled annual leave may be modified at the request of the employee, with the agreement of the employer, taking into account the functioning of the enterprise and its needs.

(3) Employees whose spouses are on maternity leave shall be granted, on the basis of a written request, annual leave at the same time as the leave of the spouses.

(4) Employees up to 18 years of age, parents who have 2 or more children up to 16 years of age or a child with disabilities and single parents who have a child up to 16 years of age annual leave they are granted during the summer or, on a written request, at any other time of the year.

(5) The holiday schedule is binding for both the employer and the employee. The employee must be notified in writing of the starting time of the leave.

(6) The annual leave schedule approved in accordance with the conditions stipulated in paragraphs (1) and (2) shall be communicated to employees against signature or by other means allowing for acknowledgment of receipt/notification within 10 working days of approval.

(1) For the period of annual leave, the employee benefits from a leave allowance which may not be less than the size of the average salary for the respective period.

(2) The method of calculating the holiday allowance shall be established by the Government.

(3) The leave allowance shall be paid by the employer at least 3 calendar days before the employee leaves for leave.

(4) In case of death of the employee, the indemnity due to him, including for unused leave, shall be paid in full to the spouse, adult children or parents of the deceased, and in their absence - to other heirs, in accordance with applicable law.

Exceptional cases of its postponement

(1) The rest leave is granted annually according to the programming provided in art.116. The employer has the obligation to take the necessary measures for the employees to use the rest leave in each calendar year.

(2) The annual rest leave may be postponed or extended in case the employee is on medical leave, the fulfillment by him of a state duty or in other cases provided by law.

(3) In exceptional cases, if the granting of full annual leave to the employee in the current working year may adversely affect the proper functioning of the unit, part of the leave, with the written consent of the employee and the written consent of employees' representatives, may be postponed for the following working year. In such cases, in the current working year, the employee will be granted at least 14 calendar days from the annual rest leave, the remaining part being granted until the end of the following year.

(4) It is forbidden not to grant annual leave for 2 consecutive years, as well as not to grant annual leave to employees up to 18 years of age and employees who are entitled to additional leave in connection with work in harmful conditions.

(5) It is not allowed to replace the unused annual rest leave with a monetary compensation, except for the cases of termination of the individual employment contract of the employee who did not use his leave.

(6) The duration of the medical, maternity and study leave is not included in the duration of the annual rest leave. In case of total or partial coincidence of the leave with one of the mentioned leave, based on a written request of the employee, the annual leave not used in whole or in part is postponed for the period agreed by written agreement of the parties or extended, respectively, by number of days. indicated in the document, issued in the established manner, regarding the granting of the corresponding leave within the same calendar year.

(1) In case of suspension (art.76 letters e) and m), art.77 letters d) and e) and art.78 paragraph (1) letters a) and d)) or termination of the contract individually employed, the employee has the right to compensation for all unused annual rest leave.

(2) Based on a written request, the employee may use the annual rest leave for one year of work, with the subsequent suspension or termination of the individual employment contract, receiving compensation for other unused leave.

(3) During the validity period of the individual employment contract, the unused leave may be attached to the annual rest leave or may be used separately (in whole or in part, according to art. 115 para. written of the parties.

(1) For family and other well-founded reasons, on the basis of a written request, the employee may be granted, with the consent of the employer, unpaid leave of up to 120 calendar days, for which purpose an order is issued ( disposition, decision, decision).

(2) One of the parents who has 2 or more children up to 14 years of age (or a child with disabilities), single unmarried parents who have a child of the same age shall be granted annually, on the basis of a written request, a unpaid leave of at least 14 calendar days. This leave may be attached to the annual leave or may be used separately (in whole or in part) during the periods agreed with the employer.

(1) Employees working in harmful conditions, persons with severe visual disabilities and young people up to 18 years of age benefit from an additional paid annual leave with a duration of at least 4 calendar days.

(2) For the employees who work in harmful conditions, the concrete duration of the additional paid annual leave is established by the collective labor contract, based on the respective nomenclature approved by the Government.

(3) Employees from some branches of the national economy (industry, transport, construction, etc.) are granted additional annual leave paid for seniority in the unit and for work in shifts, according to the legislation in force.

(4) One of the parents who has 2 and more children up to 14 years of age (or a child with disabilities) is granted, based on a written request, an additional paid annual leave with a duration of 4 calendar days. .

(5) In the collective agreements, in the collective agreements or in the individual labor contracts, other categories of employees may be provided to whom additional paid annual leave is granted, as well as other (longer) duration of leave than those specified in par. (1), (3) and (4).

(6) The additional annual rest leave shall be attached to the basic annual rest leave.

(1) The employee may be recalled from the annual rest leave by order (disposition, decision, decision) of the employer, only with the written consent of the employee and only for unforeseen service situations, which make necessary his presence in the unit. In this case, the employee does not return the allowance for unused holidays.

(2) The remuneration of the work of the employee recalled from the annual rest leave shall be made on a general basis.

(3) In case of recall, the employee must use the rest of the days of the rest leave after the respective situation has ended or at another date established by the agreement of the parties within the same calendar year. If the remaining days of the rest leave have not been used for any reason within the same calendar year, the employee is entitled to use them during the following calendar year.

(4) The use by the employee of the remaining part of the annual rest leave is carried out on the basis of the order (disposition, decision, decision) of the employer.

(5) The refusal of the employee to use the remaining part of the annual rest leave is null (art. 9 paragraph (11) and art. 112 paragraph (2)).