In the State Gazette, issue 18 of 1 March 2011 amendments to the Labour Code were promulgated, regulating certain disputable issues with respect to the use of annual paid leave. In relation therewith, amendments were also introduced in the Regulation on the Working Time, Rests and Leaves, promulgated in the State Gazette No 21 of 15 March 2011.
The main new aspects of relevance for employers in managing of their employment relationships, are as follows:
– The term for drawing up and approval by employers of annual schedule for the use of annual paid leave by the employees is altered. It is provided that the schedule for the next calendar year should be approved by 31 December of the current year.
– The schedule for the year 2011 should be drawn up and approved by 31 March 2011.
– The schedule is approved following consultations with the trade-union organisations and with the employees’ representatives under Art. 7, Para 2 of the Labour Code. The said employees’ representatives are elected at a general assembly of employees by a majority of more than 2/3 of its members and are assigned with the representation of employees’ common interests related to labour or social security relations before the employer and any state authorities. The schedule must allow all employees to use their annual paid leave within the calendar year for which it is due.
– The Labour Code provides that the data, which should be included in the schedule, as well as the terms and conditions for its alteration are subject to regulations issued by the Council of Ministers. In fulfilment of its obligation, the Council of Ministers introduced changes in the effective Regulation on the Working Time, Rests and Leaves. The amendments become effective as of the date of their promulgation, i.e. as of 15 March 2011. The amended version of the regulation provides that the schedule should include data about:
• the full name of the employee;
• the occupied position and the organizational unit in which he/she works;
• the length of the primary and additional annual paid leave in working days;
• starting and final date of its use;
• the calendar year for which the leave is due; and
• other data related to the use of the annual paid leave.