Just as daily breaks are important to rewind and re-make our energy, in order to work later in a much healthier way, annual leave also has its important role in our entire work life, as employees.
What is annual leave?
As the name suggests, it represents a period established by the employer through the individual (or collective) employment contract in accordance with Romanian legislation, through which the employee can request paid days off during the course of his activity. Vacation pay cannot be less than the basic salary.
In other words, if Z earns 200 lei/working day, he will earn the same amount per day even if he has 5 days of vacation.
At the same time, during the holiday you cannot receive meal vouchers, if the employer offers you this right during the performance of the activity.
What is the duration of annual leave?
The minimum duration of annual leave is 20 days, established by Romanian legislation. The employer can set a greater number of days, but never less. In the case of employees who work in difficult, dangerous or harmful conditions, the blind, other disabled people and young people up to the age of 18, they benefit from at least 3 additional working days.
Are public holidays taken into account?
No, they are not taken into account when giving annual leave. You can read more about public holidays in Romania here.
Am I obligated to take the annual leave?
Normally, yes. Annual leave can be waived, but the remaining vacation days can be compensated only in money if the individual employment contract is to be terminated.
Also, only if there are justified reasons why the employee cannot take the leave either in full or in part, the employer has to grant the unused leave in a period of 18 months, starting from the year following the year in which this employee was born right of the employee.
For example, if X was employed on 01.01.2022 and has 22 days of leave/year, and by 31.12.2022 he has not fully taken the rest leave for justified reasons, then the employer will have to grant him to X the 22 days of leave/year until 30/06/2024, in addition to the 22 days he will have for the year 2023 and the 11 days he will have until June 2024.
If I was on maternity leave, do I still have the right to the annual leave?
Yes. When determining the duration of the vacation, the period related to the maternity leave will also be taken into account, and if the maternity leave occurs at the time of the vacation, then the latter will be interrupted and will continue after the termination of the first.
For example, Y has been employed since 01.01.2022, and 01.03.2022 is the first day of vacation. He has, according to the individual employment contract, 24 days of annual leave, which means that until 01.03.2022 he can take 4 days off.
On 02.03.2022, Y enters maternity leave, and after completing it, she can continue her rest leave of 3 days, plus those accumulated during maternity leave. This period will be equated to the period of activity performed.
Can I return from vacation early?
Yes, a request can be made to return to work. If there is an urgent situation, and the employer recalls the employee from leave, he will have to pay any damages caused by the interruption of the leave.
Am I allowed to have annual leave even if I work part-time?
Yes. Having an individual employment contract, regardless of the period and regardless of the working schedule, the employee has the right to rest.
But if I have a company and I have signed collaboration contracts?
No. The collaboration contract does not have the same regime as the employment contract, so those who choose to conclude such contracts, unfortunately, will not have the opportunity to take days off.
Legal Intern R&R Partners Bucharest
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