Who is responsible for the early retirement of the employee?


The basic right of an employee under the Labor Code is the right to holiday leave - paid and uninterrupted. The employer usually gives you subordinate leave in accordance with their leave or occupational leave plan. However, when an employee is on vacation, he or she may be dismissed by the employer. Who in this case will be responsible for the cost of the lost leisure?

Appeal from leave on the basis of regulations

Employer in accordance with Art. Article 167 of the Labor Code may dismiss an employee from leave but only if his presence in the undertaking is necessary and required by circumstances which were not foreseeable at the time of commencement of leave.

Employer's decision is dismissed from the leave and, on the recommendation of the employer, must appear at the workplace. It does not matter what his own feelings or his own assessment of the circumstances of the situation. Failure to comply with the employer's instructions can be considered a serious violation of employee obligations. The employee can then be released and his contract will be terminated without notice, pursuant to art. 52 § 1 pt. 1 of the Labor Code.

The employer, when dismissing an employee from leave, should notify him or her in such a way that the subordinate can read the content of the appeal and return to work within the prescribed time limit.

Who is responsible for the early retirement of the employee?

When making a decision to dismiss an employee from a vacation leave, the employer must be aware that he or she is obliged to cover the costs associated with it. It gives the employee the expenses that are directly related to the cancellation from the leave and are documented by bills or other receipts. Unused portion of planned holiday, which has already been paid, is also not paid, but its costs are covered by the employer. If a worker leaves his holiday due to a dismissal, his family can not continue with the holiday, the employer will have to bear the costs also and return home.

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