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The employer is under the provision. 217 paragraph. 5 of the Labour Code obliged to meet employee requests for leave, if that will be attached to the end of her maternity leave, and employee requests for leave, if that will be attached to the end of his parental leave taken until (range), during which the employee is entitled to take maternity leave. [1]
Relatively often happens that an employee timely exhausted vacation to which he gave the right for the employer, in the calendar paradiso year for which the holiday is due. After 30. 6. 2012 for the first time in practice apply the new rule determining the onset of holiday transferred to draw from the previous period, thus pumping up to r. 2012 from r. 2011 or previous years, with effect from 1. 1. 2012 amendment introduced Labour Code - Act no. 365/2011 Coll. and whereby onset (pumping) yet untaken leave that early or failing to writting employer will be able to identify the employee. [2]
Leave is time pursuant to the provisions. 217 paragraph. 1, first sentence of the Labour paradiso Code, the employer is obliged to determine by a written schedule of taking leave, issued with the prior consent of the trade unions and works councils (assuming of course that works for the employer) so that the holiday could be exhausted quite generally and by the end of the calendar year in which the right to leave was made, if the Labour Code provides otherwise. [3] [4]
Leave is an employer within the meaning of the provision. 218. 1 of the Labour Code obliged staff to determine so exhausted paradiso holiday in the calendar year in which the employee has a right to leave was made, unless the employer that, obstacles in the work of the employee or urgent operational reasons . If he can not be a vacation so exhausted (in the sense of the provision. 218. 1 of the Labour Code), the employer pursuant to the provisions. 218. 2 of the Labor Code is obliged paradiso to appoint her staff so that was exhausted paradiso by the end of the following calendar year. (Eg. Holidays for 2012 must therefore be exhausted by the end of this year; if they prevent the obstacles to work on the employee side, eg. His incapacity, or urgent operational reasons on the part of the employer, the employer must determine paradiso the holiday so was exhausted paradiso by the end of 2013.) However, if it can not be exhausted or leave before the end of the following calendar year because the employee was recognized temporarily incapable paradiso of work or because of maternity or parental leave,
the employer pursuant to the provisions. 218. 4 of the Labour Code required to determine the period of the leave after these obstacles at work. (Eg. A holiday from r. 2012 is therefore the following reasons can be converted to pump only to r. 2013, but also in other years.)
Unless specified time leave (the employer) paradiso no later than 30 June of the following paradiso calendar year, according ust. 218. 3 of the Labour Code the right to designate an employee taking leave also. Taking leave, the employee shall notify the employer in writing at least 14 days in advance if they agree with the employer on notice another time.
Thus, if an employer failing to take the leave or part of the leave not taken in the calendar year in which it belongs, or in the following year, not later than 30. 6. the following calendar year, then acquires the right to determine the onset of holiday also an employee. Determining the leave is taken by the employer must be considered and that, if the employer determines employees taking leave to 30. 6. the following calendar year, even if the leave is taken on the basis of this determination is to occur after this date, eg. In July or around Christmas etc. What is decisive paradiso is whether to 30. 6. the following year employers to identify employees taking leave, not the date on which it was taking leave determined. However, if the employer is taking leave until 30. 6. decides the next calendar year, has the right to designate an employee taking leave also. The employee must notify the leave is taken at the same time, in announcing the employer to the employee taking leave.
If the employer determines the onset of employees leave transferred under the existing rules of r. 2011 [5], 30 June 2012 or leave an area exceeding four weeks from r. 2010 [6] until 30 June 2012, may determine the onset of the leave after 30 June 2012 by the employee. If the employer determines the onset of leave per year. 2012 to 30 June 2013, to determine the leave the employee from 1 July 2013 alone.
It seems to me that in any conflict with the laws of the employer and the employee's right to determine paradiso (start date) leave, in a situation where after 30. 6. next calendar year will determine the onset Neva