According to the Labor Code, every employee has a legal right to paid annual leave. The minimum duration is 28 calendar days, not including public holidays. The period may be extended in accordance with the individual employment contract or other internal regulations, and additional days are granted for certain categories of employees, such as those working in arduous conditions or parents with young children.
For certain areas, such as education or health, the duration of leave may be longer under special regulations. Employees working in dangerous conditions, young people under 18, parents with several children or the disabled are also entitled to an additional four days' leave.
Employers can extend the leave by collective or individual agreements. In such cases, these days are in addition to those provided for by law.
Entitlement to leave starts after 6 months
An employee can apply for leave after six months with the same employer. Exceptions to this rule are women about to go on maternity leave, young people under 18 and other categories established by law.
Leave may be divided into several periods, but one of them must be at least 14 calendar days. Leave is scheduled annually, by mutual agreement between the employer and the employee, and the leave schedule must be established before the start of the calendar year.
Leave days not used in one year remain for the following year, but must be used within 18 months. If this period is exceeded, the leave days are lost.
The law prohibits an employee from not taking leave for two consecutive years. If the employer refuses to grant leave, the employee can apply to the competent authorities for assistance.
Holiday allowance
While on leave, employees receive an allowance equal to the average salary for the days in question. This must be paid at least three days before the leave. If there is another agreement between the parties, the payment can be made up to the date set for the month's salary.
If the leave coincides with sick leave, unused days may be rescheduled. The employee may request that they be granted immediately after the sick leave has ended.
Compensation in cash for unused leave is permitted only on termination of the employment contract. Compensation is calculated on the basis of the employee's average monthly salary.
Upon termination of employment, the employer is obliged to pay the compensation for the remaining days of leave together with the final salary.
Employer's legal obligations
Employers must ensure that every employee can use their leave during the year as scheduled. Employees must be informed of the number of days of leave remaining and be provided with the necessary conditions to use them.
These regulations are intended to protect both the rights of employees and the smooth running of the company's activities. Compliance is essential for a fair and balanced working environment.
Doina Bejenaru, IPN
