Special aspects for determining the length of service for annual leave of mobilized employees

Due to the situation in the country, it is arisen the question whether the length of service for annual basic leave includes the period of an employee release in connection with the mobilization? Its details are in the following.

According to para. 2 of sec. 1 of Art. 82 of the Labour Code, the length of service, which gives the right to annual basic leave, includes the time when the employee actually did not work, but in accordance with the legislation his/her place of work (position) and wages to be retained completely or partially.

In accordance with sec. 3 of Art. 119 of the Labor Code, for the employees called up for military service, military service for mobilization, for a special period or accepted for military service under the contract in the event of a crisis situation that threatens national security, announcement of the decision on carrying out the mobilization and (or) the declaring of martial law until the end of a particular period or until the actual date of demobilization, should be retained the place of employment, position and the average salary in the company regardless of its subordination and ownership form as well as individuals – entrepreneurs for  whom they worked at the time of the call.

Time, which is included in the length of service for the provision of annual leave:

• the actual work with harmful, difficult conditions or with a special nature of work, if the employee engaged in these conditions at least half of the working day established for the employees of such production, department, profession or position;
• the annual basic and additional leaves for work in hazardous, difficult conditions and special nature of work;
• the work of pregnant women transferred on the basis of a medical certificate to easier work, where they are not exposed to unfavourable factors of production.

Thus, the period of the release of employees for mobilization is to be included into the length of work, which gives the right to annual basic leave, but it is not included into the length of work entitling the additional annual leave.