As summer has elapsed, it is recommended the employer to review the balance of the employees’ vacation framework, as the employer shall take care of the allocation of vacation time.
According to the general rule, vacation time shall be allocated in the year in which it is dueas the allocation of vacation time following the year in which it is due is highly restricted
The employer may have a difficulty when the employee fails to use the vacation time furthermore when the employee does not even plan to use the vacation framework until the end of the year, as the employer shall allocate the vacation time for complying with the relevant rules. On the contrary
, the employer may have a difficulty too when the employee already used the annual vacation entitlement and intends to terminate the employment relationship after returning from the vacation. In this case the employee used more vacation time than his entitlement. These problems can be avoided by planning the allocation of vacation time.
How many days of vested vacation time and extra vacation time shall be allocated by the employer?
Based on the Hungarian Labour Code, the employee shall be entitled to vested vacation time of twenty working days on an annual basis, furthermore also extra vacation time in certain cases.
Type and number of days of extra vacation time are as follows:
- Extra vacation time up to ten working days based on the age of the employee;
- Extra vacation time of two, four or seven working days based on the number of children under the age of sixteenextra vacation time shall be increased for children with disabilities by two working days per child;
- Upon the birth of his child, a father shall be entitled to five days of extra vacation time, or seven working days in the case of twins;
- Young workers shall be entitled to five extra days of vacation time each year;
- Taking into consideration the special nature of the employment, employees shall be entitled to five extra working days of vacation time;
- Employees having suffered a degree of health impairment of at least fifty per cent, being eligible for disability allowance or special aid for the blind shall be entitled to five working days of extra vacation time a year.
In which cases is the employee not entitled to the full vacation framework?
- If the employment relationship starts or ends during the year;
- In the case of unpaid leave, as the employee is entitled to vacation time based on the time spent at work. For instance only a certain type of unpaid leave (the first six months of leave of absence without pay for caring for a child) shall be considered time spent at work;
- When the duration of incapacity exceeds thirty days per calendar year. The employee is not entitled to vacation time from the thirty-first day of incapacity until the end of the incapacity.
In which cases is it possible to allocate the vacation time following the year in which it is due
- Vacation time shall be considered allocated during the year when it is due, provided that it begins during that year and the portion allocated in the following year does not exceed five working days;
- If the employment relationship commenced on the 1st of October or subsequently, the employer shall be entitled to allocate vacation time by 31st March of the next year;
- If vacation time could not be allocated in the year in which it is due for reasons within the employee’s control, it shall be allocated within sixty days after the cause is remedied;
- Based on the agreement between the employer and employee
- , the employee’s vacation time based on the age (up to ten working days based on the age) may be allocated by the employer until the end of the year following the current year, however it is needed to make an agreement about it on an annual basis;
- The employer may allocate one-fourth of the employee’s vacation time by 31st March of the following year if so stipulated in the collective agreement, in the event of economic reasons of particular importance or any direct and consequential reason arising in connection with the employer’s operations.
What rules shall be taken into account when allocating vacation time
2013. augusztus 1-je előtt az Mt. alapján csak a rehabilitációs szakértői szerv által határozatban megállapított 50%-os egészségkárosodású munkavállalóknak járt évenként 5 munkanap pótszabadság.
2013. augusztus 1-jétől bővült a jogosultak köre, az említett munkavállalókon túl a fogyatékossági támogatásra illetve a vakok személyi járadékára jogosult munkavállalókat is megilleti az évenkénti 5 munkanap pótszabadság.
Igénybevételéhez az érintett munkavállalóknak új nyilatkozat leadása szükséges a pótszabadság igénybevételéről a munkáltatójuk felé.
Vacation shall be allocated by the employer to contain at least fourteen consecutive days once in a calendar year, where the employee is exempted from the requirement of availability and from work duty, unless there is other request by the employee. Employees shall be notified of the scheduled date of their vacation time no later than fifteen days before the first day of vacation.
Employers shall allocate seven working days of the vested vacation time in a given year in not more than two parts, at the time requested by the employees. The employee shall notify the employer of such request at least fifteen days in advance.
If the employer fails to allocate vacation time in the year in which it is due, it shall be considered infringement of the law automatically, even if the employee did not intend to use vacation time or did not notify the employer of such request within the given deadline.
In addition to the above, when scheduling vacation time, it is useful to take the relocation of working days left for 2014 into account, as follows:
- 18th October 2014 (Saturday) – working day
- 24th October 2014 (Friday) – rest day
- 13th December 2014 (Saturday) – working day
- 24th December 2014 (Wednesday) – rest day
A possible labour inspection may be expanded on the monitoring of the allocation and documentation of vacation time. We highly recommend you to give special attention to the issue above, as even a ten million-forint penalty may be charged for those employers which fail to comply with the relevant rules.