20 Sep 2024
Cash redemption of vacation days
Cash redemption of vacation days
The leave can be redeemed for money only upon termination of the employment
relationship - provided that the employer has not issued the proportionate leave by then.
The prohibition of redeeming vacations applies to all vacations that have not been taken out,
and thus to vacations left over from the year of termination of the employment relationship
as well as from previous years.
According to the Labor Code, upon termination of the employee's employment, if he did not
receive leave commensurate with the time he spent with the employer, it must be
redeemed in cash. It does not matter under what legal title and for what reason the
employment relationship is terminated.
Redemption of leave is mandatory, but until the termination of the employment
relationship, the parties have the opportunity to decide whether to give it in kind or to use
the leave that can still be used.
According to the provisions of the Labor Code:
Section 122 (5) Leave cannot be redeemed, except for the provisions of Section 125.
§ 125. Upon termination of the employment relationship, if the employer has not granted
the proportionate leave, it must be redeemed - with the exception of paternity leave and
parental leave.
The leave can be redeemed for money only when the employment relationship is
terminated.
The cited rule of § 122. (5) of the Labor Code applies to all unissued leave from the year of
termination of the employment relationship as well as from previous years. For the duration
of the leave, the employee is entitled to his absence pay.
It should be emphasized that neither an employment contract nor a collective agreement
may deviate from this rule. Not even if the employee expressly requests that, in view of his
poor financial situation, for example, he is paid an absence allowance instead of the extra
leave due to his age.
Source: Tax Online