Is it possible to force an employee to break their holidays?


That blissful time of holiday relaxation when suddenly... your employer calls you to come back to the office. Does an employee have to agree on that?

An employer can break their employee's holidays when there are some unforeseen circumstances about which they did not know while agreeing on the leave – says Alicja Biernat from EIR Legal Alicja Biernat. However, the reason for bringing an employee back has to be serious, for instance, disease of another employed person who has been working on a very important commission and who is difficult to replace.


The cancelation of holidays is an official order which means that an employee is obliged to perform it. If he does not return to work, it will be unexcused absence – informs the lawyer. Good news for employees is that all costs borne on the leave have to be returned and unused days may be realized later.    


It worth informing your employer about a leave earlier so as they could find a proper replacement in that time or organize work in the office in order the presence of a particular expert would not be necessary. It is also worth remembering that an employer may not agree on granting free days in a period chosen by an employed person.  


Annual leave should be granted to all employees as a benefit which cannot be ceded. The amount of days which may be used within a year depends on seniority. If it amounts to 10 years, an employee will benefit from 26 days of a leave. In a situation when seniority amounts to less than 10 years – an employee receives 20 days.  


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