Apmokėjimo už kasmetines atostogas ypatumai Lietuvoje ; Particularities of payment for annual leave in Lithuania

Abstract

Annual leave is granted to employees in order for them to rest and regain their efficiency at work. Article 49 of the Constitution of the Republic of Lithuania provides that every employed individual has the right to paid annual leave. For this right to be implemented, the employee should be paid for this period of leave. On 1 July 2017, the new Labour Code of the Republic of Lithuania came into effect. It not specified, how this right to annual leave should be implemented, but also provided for a new legal term – "leave pay" (lith. atostoginiai). This paper seeks to assess the peculiarities of payment for the annual leave after the reform of Lithuanian labor law taking into account the case law. It analyses component parts of leave pay, the rules of granting, prolonging and transferring of leave, as well as possibility of reimbursement for unused annual leave. This research was conducted using the usual methods for this type of research: systemic and document analysis, linguistic, logical and comparative. The paper takes into account the case law of the European Court of Justice interpreting the provisions of the Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time.