The end of September is also the end of the opportunity to use the outstanding leave for 2021. There are still nine days left, and for some only seven, if their workplace is closed on Saturdays and Sundays. That doesn’t mean your vacation is over, but that the employer may pay a large penalty if he has not complied with the statutory provisions in his company.
What if we have an outstanding vacation, but we do not agree to use it, “because it does not suit us”? Accordance with the law the employer may even force the employee to take leave and send it free without its consent. Otherwise, employers face severe penalties.
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– As part of the anti-crisis shield related to the COVID-19 pandemic, a provision was introduced stating that the employer, during an epidemic or epidemic emergency can send an employee on an outstanding vacation, up to 30 days, without his consent and without vacation plans. The state of epidemic emergency is still in force, and with it the entire provision – explains Mateusz Boguszewski, chief accountant at inFakt.
The employee must use the outstanding leave “in kind”. There is no possibility payment of the equivalent nor an agreement with the employer. The deadline of September 30 is final, however, to fulfill the obligation, it is enough for the employee to start the vacation on that day and continue it in October.
Employers who fail to fulfill their obligations and fail to ensure that the employee takes the outstanding leave for the previous leave, face penalties.
– Could be it a fine in the amount of PLN 1,000 to even 30,000 zloty. The only circumstance excluding the employer’s liability are random events such as, for example, the employee’s illness – indicates Mateusz Boguszewski.