Cancellation of leave – employee rights
Easy annual leave is an inalienable right of every contracted employee. This does not mean, however, that cancellation of the leave is impossible. On the contrary, the applicable regulations provide the employer with appropriate tools for this purpose.
The amount of vacation leave
is dependent on the length of service that the employee has and amounts to 20 or 26 days. The employee cannot, however, freely choose the period during which he wants to rest. The decision in this respect is made by his supervisor. The boss also has the right to cancel the leave. However, he must do it in a certain way and only in justified cases.
Article 167 § 1 of the Labour Code
states that: „The employer may recall an employee from leave only when his presence in the establishment is required by circumstances unforeseen at the time of starting the leave.”
Cancellation of leave is only possible if the employer manages to contact the employee. And that may not be easy. This is because the employee is not obliged to inform the boss where he or she is spending the vacation, nor is he obliged to leave his or her private information – email or phone number – with the boss. Such an obligation may only be imposed on them by company regulations, e.g. a collective bargaining agreement or work regulations. These must clearly indicate the groups of employees who are obliged to stay in constant contact with their employer by telephone.
If the employer cancels a previously planned vacation, in connection with which we have already incurred some costs, e.g. we bought tickets, he should reimburse us for the related costs.
This usually applies to people in the highest positions, such as directors, managers, chief accountants or employees who are responsible for ensuring the smooth running of the company’s infrastructure. Individuals who hold such positions must expect that in their case the cancellation of their leave is very likely. You may also be required by law to use both your work and personal telephones while on leave.
Recall from leave is the only time an employer may contact a subordinate who is on leave. Otherwise, the employee is under no obligation to answer both work and private phone calls from the boss or to check work email. However, if an employer solicits phone calls from a worker who is on vacation and tells the worker to check his or her e-mail, the worker may be considered to be performing work. The subordinate may then claim full pay and an additional day off.
Regardless of whether the leave is justified, the employee is obligated to report to work on time. The employer does not have to give the reasons for the leave cancellation. It is the employee’s duty to obey the order – to return to the workplace and start work. The employee obeys the order even if he is convinced that the employer can manage without his support or if, in his opinion, the interruption of the leave is unjustified. Your refusal to come to work may result in termination of your contract with your employer. In such situations the only thing left for the dismissed person is the labour court.