Day off for a holiday falling on Saturday
Pursuant to the judgment of the Constitutional Tribunal of October 8, 2012, in the case of employees whose holiday falls on a day which is a day off according to the schedule of their working time resulting from the schedule of working time in an average five-day working week, their working time will be reduced in the billing period. This means that each employer is required to designate an additional day off for a public holiday that falls on a non-working day other than Sunday.
Additional day off for a holiday - how to calculate the working time?
For a full-time employee (full-time), the working time should not generally exceed 8 hours a day in the reference period, and therefore 40 hours in a 5-day working week (Monday to Friday).
The employee's working time in the adopted settlement period is calculated as:
- by multiplying 40 hours by the number of weeks in a given billing period, and then
- adding to the obtained number of hours the product of 8 hours and the number of days remaining until the end of the billing period, falling from Monday to Friday.
Pursuant to Art. 130 § 2 of the Labor Code, each holiday occurring in the settlement period and falling on a day other than Sunday reduces the working time by 8 hours, gives the employer an obligation to designate a day off in a given settlement period.
XYZ has a basic working time system in a one-month settlement period, and Saturdays are non-working days for an average five-day week. There are 21 working days in May 2021, which equates to 168 working hours (21 days x 8 hours). This month we have two holidays on May 1st and 3rd.The working hours are (40 hours x 4 weeks) + (8 hours x 1 days) - (8 hours x 2 holidays) = 152 hours.Therefore, employees have to work 19 days, 8 hours each. Therefore, it is necessary to designate an additional day off from work in a given settlement period.
If the bet has a longer billing period, the use of the additional day off may take place in any month that is included in the billing period that includes the month of the Saturday holiday. The same rules apply then. The employer is not obliged to grant an additional day off when the holiday falls on a Sunday. Start a free 30-day trial period with no strings attached!
Sickness on a holiday for a holiday
If an employee is unable to work due to illness on a public holiday, the employer, despite the employee's illness, is obliged to designate another holiday for the employee. An additional day off for a holiday is also due to an employee who is on sick leave on a Saturday holiday.
ABC has a basic working time system in a one-month settlement period, with Saturdays on holidays. In May 2021, the employer appointed May 28 as a day off from work for May 1, assuming that one of the employees will be on sick leave from May 1 to May 16, May 28. would still be a day off for him.
It should be noted that if the employee's absence falls on a day designated as a Saturday holiday, the employee is not entitled to request another day off.
The employer is also not obliged to grant a day off for the Saturday holiday to employees arriving on maternity leave, as the maternity allowance is payable for each day of incapacity for work, without excluding days off from work.
Day off for the Saturday holiday for teachers
In this case, the teacher is bound by the Teacher's Charter (Art. 42c (3) and (4)), which clearly states that the teacher will receive a day off or remuneration if he has worked on that day. Thus, education workers will not benefit from the reduction in weekly hours if a holiday falls on their day off (e.g. Saturday). The Teacher's Charter does not provide for settlement periods, which means that the agreed five-day working week may be shortened when there is a holiday for the teacher on the teacher's working day.