Depending on the end of the work, we are entitled to a minimum of three weeks. However, there are situations when the employer shortens my vacation. One of them is, for example, unexcused absence from work. How is it judged and how much permission can we drink? Bpv Braun Partners lawyer Markta Neetilov answered the question.
I missed the shift in two shifts by mistake, on the contrary, I arrived at another time, when I did not have a shift at all. The employer stated that it was an unexcused illness and as a punishment he shortened my leave by six days. Since I was left with only three days off, he deducted my pension from my salary. Am I the first employer to do this? pt the ten iDNES.cz.
One of the basic duties of an employee is to perform work for the employer, in terms of which the first employer or his designated manager has a duty to schedule. Of course, it is necessary that the rules for scheduling change apply to the rules set at the end of the work. If these rules have been complied with by the employer and you have not actually appeared in two shifts, it is possible for you to qualify one as an unexcused numbness at work.
Although this is not necessary in practice, in such a case the employer really has the opportunity (not the obligation) to punish the employee by giving him a so-called shortening of leave. For each whole unworked shift, I can be shortened by the final holiday leave by one or three days. The penalty of punishment, ie the extent of the reduced allowance for one unworked shift, determines, according to its intention, either not to punish the employee at all or to shorten his leave by three days.
The holiday bag cannot generally be reduced in its entirety. Employees must always be allowed at least two weeks. In addition, the basic rule is that leave for which a claim arose in a given calendar year can be reduced only for unexcused illness at work in that period (calendar year). It is therefore not possible to reduce the leave for which a claim is made in 2020 due to the illness of an employee at work, which took place in 2019.
f shortened my vacation by six days, but I didn’t have that much vacation. Will I take my pension?
The employer has no limit to whether you have to go on holiday at all or if you have taken it out in full. If this employee has not used up his / her holiday to go, I will spend my holiday in this way, or the employer will be based on the number of holidays at the level of the holiday. If you have used it for a holiday and the employer shortens it subsequently, then you will de facto lose your holiday entitlement and you are obliged to refund the employer the unpaid reimbursement for the period of the holiday. In accordance with the end of the work, the employer can deduct this contact from my salary, without you having to agree to it.
Shouldn’t the employer discuss such a sanction with the unions?
In the event that your employer acts as a union, the employer must discuss with them the fact that he or I classified your illness as unexcused illness at work. However, it is not necessary for him to agree with the unions on this fact, and he is not obliged to punish himself with the unions, ie by how much a piece will be allowed to be reduced, whether by one, two or three days. Of course, if the unions do not work for the employer, this is assessed purely under the responsibility of the employer.
Mm any possibility to oppose the decision of the employer?
If you have the impression that the employer should not have classified the unauthorized illness as a unexcused illness, you can file a lawsuit with the competent court in full, the subject of which is the employer’s obligation to pay the payer for the unpaid reduced leave.