Annual Leave allocation - labour law in Poland

local_fela 17 | 172

2 Aug 2016 / #1

Hello, I am working for a company in Poland. I am quitting my job on 31.08.2016 and for now I have 26 annual leaves for 2016.
As I am leaving don't I get all those days to take with me or should they not pay me the 26 days for this year or the remaining days out of those 26 days for 2016?

Please advise.

Ziemowit 14 | 3936

2 Aug 2016 / #2

It should stay with you. Either you can have it transferred to your new employer with you (but that needs an agreement between the old employer and the new one, I think) or you may get an extra pay for that. However, the simplest way to deal with it is to formally cease your job contract after you have used up your all leave days by the old employer.

mcm

4 Aug 2016 / #3

Don't be so stupid of course you cannot transfer your holiday entitlement to your new employer.
Speak to your existing employer and either take your holiday as expected or see if they will buy back your days-they do not have to of course.

Harry

4 Aug 2016 / #4

As I am leaving don't I get all those days to take with me

Of course you can't take the days with you. Use them or lose them.

Marysienka 1 | 195

4 Aug 2016 / #5

Now let's talk about actual Polish Law.

If you are employed on "umowa o pracę", and have right to 26 days of "urlop wypoczynkowy", and did not use them, they will either send you to a forced leave for 17/18 days (I don't know how rounding up works) before you leave or will have to pay you for it. Remaining 8/9 days will leave with you to your next job.

lgfox

14 Feb 2019 / #6

Merged:

Annual leave and notice period - Poland

Hello,

I resigned from my company a few days ago, and my notice period applies till the end of March. I have 20 days of annual leave I didn't use.

It seems (not confirmed yet) that the company wants me to use the annual leave as part of my notice period, rather than paying me those days after I leave.

Can I be forced to do such thing?

Best regards

lgfox

14 Feb 2019 / #7

I also forgot to mention I've been told that if I get paid for the annual leave I didn't use, I won't be able to use that annual leave inside the European Union. 😅

terri 1 | 1661

14 Feb 2019 / #8

Yes, by rights and according to Labour Law, you should take all your annual leave before you leave your employ.