Articles

Validation of the claim for paid leave

Published:
March 31, 2023
Author
View
Keywords
License

Copyright (c) 2023 Debreceni Jogi Műhely

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

How To Cite
Selected Style: APA
Tass, E. Ágnes. (2023). Validation of the claim for paid leave. Debreceni Jogi Műhely, 19(3-4), 127-152. https://doi.org/10.24169/DJM/2022/3-4/5
Abstract

The study covers the most important rules regarding leave, with the aim of helping employees and employers deepen their knowledge of how to grant leave. In this context, the study covers what should be done with leave not granted until the end of the year, whether the economic interest of the employer can justify its interruption, whether and when it can be redeemed for money, and how long the request in this direction can be asserted, i.e. when it occurs the statute of limitations. Furthermore, it covers what the solution is in the event of the termination of the employment relationship, when the employee has taken less or even more leave than he or she would have been entitled to in proportion to the time, focusing on who needs to prove what to successfully enforce the claim, and what is the importance of it the employer's registration obligation. In addition to the European Union and domestic regulation of freedom, the study included some guiding decisions of the Court of Justice of the European Union and the Curia, on the basis of which the conclusion can be drawn that the courts try to give the correct interpretation of the legislation in the individual cases that come before them, which are precedents due to their nature, they are also binding in other matters.