- General provisions
(Title I - art. 1-9) - The individual employment contract
(Title II - art. 10-107) - Working time and
rest period
(Title III - art. 108-153) - Remuneration
(Title IV - art. 154-170) - Health and safety
at work
(Title V - art. 171-187) - Vocational training
(Title VI - art. 188-213) - Social dialogue
(Title VII - art. 214-235) - Collective labour agreements
(Title VIII - art. 236-247) - Labour disputes
(Title IX - art. 248-253) - Labour Inspectorate
(Title X - art. 254-256) - Legal liability
(Title XI - art. 257-2801) - Labour jurisdiction
(Title XII - art. 281-291) - Final and transitional provisions
(Title XIII - art. 292-298)
| page 1 of 1 |
|
Art. 144. [guarantee of paid annual leave]
(1) The right to paid annual leave shall be guaranteed to every employee. (2) The right to annual leave may not be subject to any assignment, waiving or abridgement.
Art. 145. [length of annual leave]
(1) The annual leave shall have a minimum length of 20 working days. (2) The actual length of the annual leave shall be laid down in the applicable collective labour agreement, shall be provided for in the individual employment contract and shall be granted in proportion to the activity performed in a calendar year. (3) The public holidays and the paid days off laid down in the applicable collective labour agreement shall not be included in the length of the annual leave. (4) Repealed.
Art. 146. [taking and compensating the annual leave]
(1) The leave shall be taken each year. (2) By way of exception from the provisions of paragraph (1), the leave may only be taken in the next year in the cases expressly provided for in the law or in the applicable collective labour agreement. (3) An employer shall grant a leave, until the end of the next year, to all employees who, within a calendar year, did not take the entire leave they were entitled to. (4) The compensation in money of the leave not taken shall only be allowed at the cessation of the individual employment contract.
Art. 147. [supplementary leave]
The employees working in difficult, dangerous or unhealthy conditions, the visually impaired persons, other disabled persons and the young people under the age of eighteen years shall enjoy a supplementary leave of at least three working days.
Art. 148. [leave scheduling]
(1) A leave shall be taken on the basis of a collective or individual schedule laid down by the employer after consulting the trade union or, as the case may be, the representatives of the employees, as far as the collective schedule is concerned, or after consulting the employee, as far as the individual schedule is concerned. The schedule for the next year shall be prepared until the end of the current calendar year. (2) The collective schedule may establish leave periods not shorter than three months, by categories of personnel or workplaces. (3) The individual schedule may set the date the leave is taken or, as the case may be, the period within which the employee has the right to take the leave, period which may not exceed three months. (4) Within the periods of leave laid down according to paragraphs (2) and (3), the employee may request the leave at least 60 days before actually taking it. (5) Should the leave be divided, the employer shall set the schedule in such way that every employee takes at least 15 working days of uninterrupted leave in one calendar year.
Art. 149. [taking the scheduled leave in kind]
An employee shall take the leave in kind within the period it was scheduled, except for the cases expressly provided for in the law or when, for objective reasons, the leave may not be taken.
Art. 150. [amount and payment of leave benefit]
(1) During the leave, the employee shall receive a leave benefit which may not be lower than the basic pay, the benefits and permanent extra pay due for that period, as provided for in the individual employment contract. (2) The leave benefit shall be the daily average of the pecuniary rights provided for in paragraph (1) in the last three months before the month when the leave is taken, multiplied by the number of days of leave. (3) The leave benefit shall be paid by the employer at least five working days before taking the leave.
Art. 151. [interruption and call back from leave]
(1) The leave may be interrupted, at the request of the employee, for objective reasons. (2) An employer may call back the employee from leave in case of an act of God or urgent matters that require the presence of the employee at the workplace. In such case, the employer shall bear all expenses of the employee and his/her family necessary to return to the workplace and the potential damages suffered by him/her following the interruption of the leave.
Art. 152. [paid days off]
(1) In case of extraordinary family events, the employees shall have the right to paid days off, not included in the length of the leave. (2) The extraordinary family events and the number of paid days off shall be laid down by law, applicable collective labour agreement or rules of procedure.
Art. 153. [unpaid leave]
(1) With a view to solving personal issues, the employees shall have the right to unpaid leave. (2) The length of the unpaid leave shall be laid down in the collective labour agreement or in the rules of procedure. |
| page 1 of 1 |