The statutory right to vacation originally arose from the employer’s duty of care for its employees. The Austrian Vacation Act of 1976 is a manifestation of this duty of care. It provides for five – with some seniority six – weeks of vacation for each working year. The law also expressly states that vacation should be used up, if possible, by the end of the year in which it was accrued. However, the employer and employee must agree on the specific leave days. In general, this means that neither the employee can take off for vacation unilaterally, nor can the employer impose it. Therefore, if there is no agreement on the actual use of vacation, this leads to an accumulation of vacation days.
Romania: The Impact of Romania’s New Employment Regulations – the Good and the Bad
The end of 2022 has brought numerous and substantial updates to employment legislation in various areas, such as adjustments to the minimum content of the internal regulations and to the mandatory template for the employment contract, as well as a whole new piece of legislation regulating social dialogue: Law no. 367/2022 to replace the former Law no. 62/2011.
Lithuania: Flexibility and Nuances in the Labor Code
In today’s fast-evolving world, countries are continuously revising their labor laws to achieve the right balance between the needs of the workforce and the demands of the corporate sector. The Republic of Lithuania stands out in this regard, as its Labor Code seeks to provide flexibility in labor relations, all the while ensuring the rights of its employees are not undermined. A close examination of the Labor Code, local documentation practices, and the progressive legal shifts toward Western norms paints a comprehensive picture of the nation’s approach to employment dynamics.
Slovakia: Strengthening Whistleblower Protection
The Slovak Republic’s amendment to the Whistleblowers Protection Act widens the scope of protection, shortens deadlines, and increases fines for non-compliance. Most provisions took effect on July 1, 2023, with some coming in on September 1, 2023.
Croatia: Garden Leave – When Timing Is of the Essence
Terminating an employee is a critical juncture for employers, fraught with potential risks and complications. Such a move can disrupt workflow and productivity, casting a shadow on workplace morale and organizational stability. Additionally, it opens the door to legal disputes, with terminations often seen as unfair or discriminatory, resulting in costly litigation.
Serbia: Contractual Penalty in Labor Law
In the Serbian market, contractual penalties are often included in employment contracts since this is concrete and efficient protection for the employer in case of a breach of certain contractual obligations by employees. On a general note, a contractual penalty is a fixed monetary receivable that can be claimed in case of a breach of contractual obligations by one party, without having to prove the actual amount in damages. However, in the area of labor law, there is still uncertainty when it comes to the validity of such clauses and their enforceability in case of disputes.
Ukraine: Ensuring Employees’ Safety During Air Strikes
Considering the ongoing martial law in Ukraine and frequent air strikes in various parts of the country, more and more employers are becoming concerned about whether they should adopt measures to protect their personnel or provide shelter, and what the liability if these obligations are not fulfilled would be.