"If a holiday falls on a day which is otherwise the employee's normal working day during the employee's leave, it shall not be counted against the employee's leave; this shall not apply if the employee would have been required to work a shift on the day of the holiday pursuant to section 91(4) and the taking of leave on that day was determined at the employee's request." (Citation from Section 219(2) of Act No. 262/2006 Coll., the Labour Code.)
Coincidence of holiday and public holiday
It follows from the above that if an employee takes a holiday and one of these days falls on a public holiday (otherwise it would be a working day), then this day is not counted towards the employee's holiday entitlement and the number of hours for this day is not deducted from the employee's holiday entitlement.
Example 1:
The employee has regular working hours from Monday to Friday and works 40 hours per week (eight-hour shifts each day). The employer has designated him to take leave between 3 July 2023 and 7 July 2023.
Since July 5 and July 6 are holidays, these days he's until the drawdown allowed do not count. Employee will exhaust Total 24 hours Allowed.
Taking leave on a public holiday
If the employee is on a public holiday obliged to work with his shift under the provisions of Section 91(4) of the Labour Code and needs for this day leave, he must tell his employer to request leave.
The employer shall decide whether to allow the employee to take leave on that day. Such leave shall be granted to that employee will count towards your holiday entitlement, and the hours used on the day of the holiday are deducted from the holiday entitlement.
Example 2:
The employee is scheduled to work a 12-hour shift on July 5. She asked her employer to take leave and the employer complied by scheduling leave for 5 July.
A female employee will exhaust 12 hours allowed of her entitlement and is entitled to wage/salary compensation for that day at the rate of her average earnings.
When can I be ordered to work on a public holiday?
The employer may Staff order on public holidays, only the performance of work that can be ordered on days of continuous rest during the week, work in continuous operation and work necessary for guarding the employer's premises (Section 91(4) of the Labour Code).
On a day of continuous rest in the week can Employer order staff performance only these necessary works, which cannot be performed on working days (Section 91(3) of the Labour Code):
- urgent repair work
- loading and unloading work
- inventory and closing work
- work performed on a continuous basis for an employee who has failed to report for a shift
- in natural disasters and other similar emergencies
- work necessary with a view to meeting the living, health, educational, cultural, physical education and sporting needs of the population
- work in transport
- feeding and care of animals
Daysthat are public or other holidays, are set out in the Act 245/2000 Coll., public holidays, important days and public holidays.
AVENSIO SW programme
Leave documents are entered on the employee's tab Compensation (Employee Card - Employment Relations). If the employee takes leave on a public holiday, the condition must be ticked on the document. Apply even on holidays.
To program could correctly calculate the wage/salary replacement for the holiday taken, is Necessary, that the program should include assigned, that the employee has for that day scheduled shift.
