Misconceptions about taking holiday

Misconceptions about taking holiday

Holiday season is here, but many employers and employees are unclear about how vacation time should actually be granted. There are plenty of misconceptions and misinformation circulating in society, which we’ll clarify in this article so that employers can grant their employees’ well-deserved holiday time in accordance with the Labor Code while also ensuring smooth summer operations.

Who decides the timing and duration of holiday?

Many people mistakenly assume that the employee decides when and for how long to take holiday. This is not the case, as the Labor Code clearly stipulates that holiday is granted by the employer. The law requires that the employee be consulted, but this does not mean that the holiday will be granted for the duration and at the time requested by the employee, emphasizes Dr. Péter Weidinger, LL.M., an employment lawyer at act legal Hungary.

Thus, if an employee were to take leave for the entire month of August, but this would disrupt the employer’s operations, the employer may decide not to grant the employee a full month of leave, but only 1–2 weeks. It may also happen that the employer has already granted holiday to another employee for the week or weeks in question; in this case as well, the employer may deny the holiday request to the employee who made the request later.

For this very reason, many employers apply the “first come, first served” rule, meaning they prioritize the request of the employee who submitted their holiday request first. This is necessary precisely to avoid tension among colleagues when everyone wants to take holiday at the same time.

Does an employee have two weeks to choose from?

It is a common misconception that an employee can freely choose any two weeks for holiday. The Labor Code merely stipulates that the employer is required to grant seven working days of holiday per year - excluding the first three months of employment - in no more than two installments, at the times requested by the employee. This ensures that an employee does not miss a one-time, irreplaceable event, whether it is a child’s graduation or a wedding abroad. However, this is not the “two-week rule” that many people refer to.

There is, in fact, a provision stating that leave must be granted in such a way that the employee is exempt from their obligation to work and be on call for at least fourteen consecutive days once per calendar year. However, this refers to two weeks during which the employee is not required to work, but the employer has the discretion to determine when these two weeks occur. A typical example of this is the customary summer shutdown at manufacturing plants, when the employer sends employees on leave for the duration of the shutdown, emphasizes Dr. Péter Weidinger, LL.M., a partner at act legal Hungary. However, this is a unilateral decision by the employer, made without consulting the employees and regardless of their preferences and wishes.

Can the holiday even be interrupted?

Yes, in cases of exceptionally important economic interests of the employer or reasons that directly and seriously affect the employer’s operations, approved leave may be postponed, and leave that has already begun may also be interrupted. Of course, such cases do not occur every year, but in specific instances - including force majeure - the employer’s interests take precedence over the employee’s right to leave. Examples of such cases include when doctors are recalled from holiday due to a major accident or natural disaster, or when colleagues are needed to complete a time-sensitive project that cannot be postponed - a task that could not be accomplished if employees were on holiday.

It is important to note that in such cases, the employer bears the damages and costs incurred due to the postponement or interruption of leave, emphasizes attorney Dr. Péter Weidinger, LL.M. This includes travel expenses, as well as canceled or forfeited reservation and accommodation costs.

Summary

It is important to clarify that the right to grant holiday time lies with the employer, who must take into account the employees’ wishes while also ensuring the smooth operation of daily business. If granting holiday time causes problems year after year or creates regular tension among employees, it may be worthwhile to establish procedures for requesting and granting holiday time in an internal employer policy. This can create a clear and transparent situation and help prevent future tensions.