If you have become accustomed to applying for leave two days before you go on holiday, this is no longer possible. The formalities related to the rest leave are mentioned in the law and clearer than ever.
By the end of this year, according to the legislation in force in Romania, employers must establish the schedules for the rest leave of employees for next year. Labor legislation has been very clear from this point of view for some time, but you rarely see conflicts in companies arising from these provisions.
The basic idea, however, is that employers need to consult with employees and determine when they will be able to take their rest leave during the next year, according to avocat.net. As a reference, the fact that employees can take their leave during periods scheduled by the employer is mentioned in the labor code.
More specifically, employees are required to comply with the appointments made by the company they work for regarding the rest leave, but there is no legislative obligation on companies to define those periods.
According to the labor code, the rest leave is carried out “based on a collective or individual appointment established by the employer with the consultation of the union or, as the case may be, of the employees’ representatives, for collective appointments, or with the employee’s consultation, for individual appointments. The scheduling is done until the end of the calendar year for the following year ”.
In Romania, most employers have given up scheduling advance leave for employees, but the right to impose them. Even if the employees are consulted, as mentioned above, their approval is not necessary when the company decides who during which period will be able to take rest leave.
“From the interpretation of the legal texts we notice that the period in which an employee can benefit from leave is not subject to an agreement of the parties, as the employee is only consulted and the employer is the one who actually establishes the schedule,” explained Mihai Anghel , managing associate, and Maria Olteanu, collaborating lawyer, both from Țuca Zbârcea & Asociații.