Annual leave is one of the basic rights of every employee. In the Federation of Bosnia and Herzegovina, this right is regulated by the Labor Law of FBiH. As an employed person, it’s crucial to understand your rights regarding annual leave in order to avoid being deprived of them or becoming a victim of wrongdoing. This article provides a comprehensive overview of the rules and regulations you need to know.
Annual Leave in FBiH
Right to Annual Leave
According to the Labor Law of FBiH, every employee has the right to paid annual leave ranging from a minimum of 20 working days to a maximum of 30 working days. The duration of the annual leave must be clearly stated in every employment contract. In exceptional cases, the annual leave may exceed 30 days, which should be regulated by a collective labor agreement.
For employees who are minors, the minimum duration of annual leave is 24 working days.
An employee cannot waive the right to annual leave, nor can this right be denied.
Entitlement to Annual Leave
According to Paragraph 1, Article 48 of the Labor Law of FBiH, an employee who is employed for the first time or whose employment gap between two work engagements lasted more than 15 days gains the right to annual leave after six months of continuous work. If the employee has not earned the right in this sense, they are entitled to at least one day of annual leave for each completed month of work.
It’s important to note that other types of absence (temporary incapacity for work, maternity, or other leave not conditioned by the employee’s will) are not considered annual leave.
Using Annual Leave
Annual leave can be taken in one or two parts. If taken in parts, the first part must last at least 12 consecutive working days within the calendar year. The remaining annual leave must be used by June 30 of the following year. In addition, the employee has the right to use one day of annual leave at their discretion, provided they inform the employer at least three days in advance.
Annual Leave Schedule
The employer sets the schedule for using annual leave in accordance with the law and in consultation with the employee, taking into account the needs of the business and the employee’s justified reasons. The employer is obliged to inform the employee about the schedule and duration of annual leave at least 7 days before its use.
Wage Compensation During Annual Leave
The employee is entitled to receive wage compensation equivalent to the wage they would earn if they were working.
Payment Instead of Using Annual Leave
The law prohibits substituting annual leave with monetary compensation, except in the event of termination of employment when the employee has not utilized all or part of their annual leave.
Termination of Employment
In case of employment termination, the employee is entitled to monetary compensation for the unused portion of their annual leave if it was not used due to the employer’s fault. Specifically, according to Paragraph 4, Article 52 of the Labor Law of FBiH, the employer must pay compensation instead of using annual leave equivalent to what the employee would have earned if they had taken the leave, depending on individual circumstances.
Interruption of Annual Leave
Annual leave can be interrupted if there is an urgent need for the employee to work. In such cases, the employee has the right to continue using the interrupted annual leave.
Annual Leave and Sick Leave
If an employee falls ill during annual leave, the days spent on sick leave are not counted as annual leave. The employee has the right to continue using their annual leave after the sick leave ends.
Holidays and Annual Leave
Holidays and non-working days determined by law are not included in the annual leave days.
Paid and Unpaid Leave
Paid and unpaid leave are specifically defined by the Labor Law of FBiH (Articles 53 and 54) and are not considered part of annual leave.
An employee has the right to paid leave up to 7 working days in a calendar year in the event of marriage, childbirth, or serious illness and death of a close family/household member. Additionally, the employee is entitled to paid leave for professional training or education, whose duration and compensation must be specified in the employment contract or work regulations.
Voluntary blood donors are entitled to at least one day of paid leave for each donation. Paid leaves are also possible in other cases, in accordance with cantonal regulations and the employment contract or work regulations.
As for unpaid leave, employees can request them in writing, and it’s up to the employer whether it will be granted. It’s important to note that the employer is obliged to allow the employee up to 4 days for religious or traditional needs during the calendar year, of which 2 must be paid for.
Advice for Employees
- Familiarize yourself with your rights regarding annual leave.
- Plan your annual leave in advance and communicate with your employer.
- Keep documentation related to your annual leave, including notifications and approvals.
- If you have any doubts, consult with a legal expert or union representative.
Employer Responsibilities
Employers in FBiH have several key responsibilities regarding annual leave, which include:
- Ensuring all employees receive and utilize the legally required minimum annual leave.
- Creating a leave schedule that balances business needs and employee preferences.
- Maintaining accurate records of annual leave usage.
- Paying compensation for annual leave in accordance with the law.
- Keeping records of annual leave usage for each employee.
Collective Annual Leave
Some employers practice collective annual leave, where the entire company or specific departments go on leave simultaneously. This must be regulated by a collective agreement or work regulations.
Appeal Procedure
If an employee feels their right to annual leave has been denied, they can file an appeal with the employer or seek legal protection through the competent court.
Inspection Oversight
Compliance with the provisions of the Labor Law of FBiH concerning annual leave is subject to inspection oversight.
Annual Leave in the Republic of Srpska: Differences
Although the rules regarding annual leave in the Republic of Srpska and the Federation of BiH are similar, there are some differences in regulations and practices.
In Republika Srpska, the right to annual leave is regulated by the Labor Law of Republika Srpska, which also prescribes a minimum leave duration of 20 working days. However, according to Article 80 of this Law, in cases of jobs with increased risk, the minimum duration of annual leave is 30 working days.
These jobs are defined in Paragraph 1, Article 59 as jobs where “despite the application of appropriate measures and means of work protection, there is an increased harmful effect of working conditions on workers’ health.”
Moreover, while in FBiH an employee gains the right to annual leave after 6 months of continuous work with the employer if their break between work engagements lasted more than 15 days, in RS that break must be at least 30 days.
Furthermore, according to Article 84 of the Labor Law of RS, the employee is generally required to take their annual leave all at once. However, they can also use the annual leave in two or more parts, whereby the first part must last at least two working weeks (10 working days). In such a case, a request must be submitted to the employer.
Conclusion
Annual leave is a crucial right for every employee in FBiH. Proper use of annual leave is not just a legal obligation but also an important factor in maintaining employee health, productivity, and satisfaction. Remember, annual leave is not a luxury – it’s your right that no one should deny, and you should know as much as possible about it.
If you have additional questions about annual leave or employee rights in general, or if you need expert assistance from an experienced labor law attorney, feel free to contact us. We are here to support you.
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