According to Article 17(1) of the Act of 9 July 2003 on the Employment of Temporary Workers, a temporary worker is entitled to annual leave. How many days are they entitled to? What happens if the days off are not used? What are the rules for granting leave in temporary employment? What should be remembered when determining remuneration for this period and calculating the cash equivalent for unused leave? There are many questions.
Annual leave for temporary workers – find out what the currently applicable legal regulations say about this.
Temporary work and annual leave – what is worth knowing?
A temporary worker is entitled to annual leave of two days for each month during which they remain at the disposal of one user employer or more than one user employer. Leave is granted on days that would otherwise have been working days for the temporary worker if they had not taken leave. For unused leave (or part of it), the temporary employment agency pays a cash equivalent.
How to calculate annual leave pay for a temporary worker?
Determining annual leave pay for a temporary worker should begin with calculating their average hourly remuneration over the last three months (90 consecutive days of employment) preceding the calendar month in which the employee was granted time off work. To do this, the remuneration paid to the employee for that period should be divided by the number of hours worked. The next step is to multiply the resulting hourly rate by the number of hours the temporary worker is to spend on leave. The result obtained is the annual leave pay.
Calculating the cash equivalent for unused leave for a temporary worker
Calculating the cash equivalent for a temporary worker who has not used the annual leave to which they are entitled is based on taking into account the amount of remuneration and the number of days off to which the particular employee is entitled.
- Step one: add together the amounts of remuneration paid during the 3 months preceding the month in which the temporary worker is paid the cash equivalent.
- Step two: divide the resulting amount by the number of hours worked by the temporary worker during the period referred to above.
- Step three: multiply the resulting remuneration for one hour of temporary work by the number of hours of annual leave for which the cash equivalent is paid (the rule here is that for a temporary worker employed full-time, one day of leave corresponds to 8 hours, while for a part-time temporary worker, one day of leave corresponds to the number of hours determined proportionally to their working time, based on 8 hours, with partial hours of leave rounded up to full hours).
Annual leave for a temporary worker – summary
In summary, temporary workers are guaranteed the right to annual leave, the amount of which is calculated proportionally to the period worked. Responsibility for granting leave and for calculating and paying remuneration for this period lies with the temporary employment agency, which is the direct employer. Knowledge of these rules is important for all parties involved in a temporary employment relationship – employees, agencies and user employers – in order to ensure compliance with applicable regulations and protect employee rights.
FAQ SECTION
Is a temporary worker entitled to annual leave?
Yes, a temporary worker is entitled to annual leave of two days for each month during which they remain at the disposal of one user employer or more than one user employer.
How many days of leave is a temporary worker entitled to after three months of work?
After three months of temporary work, a temporary worker is entitled to 6 days of annual leave.
Who pays for a temporary worker’s annual leave?
The temporary employment agency, which is the formal employer, pays for the temporary worker’s annual leave.
Is a temporary worker entitled to a cash equivalent for unused annual leave?
Yes, if a temporary worker does not use their annual leave during the period of temporary work, the temporary employment agency pays a cash equivalent for that leave or the unused part of it.
How to calculate the cash equivalent for unused leave for a temporary worker?
The detailed rules for calculating the cash equivalent for unused leave for a temporary worker are set out in Article 17(10) of the Act of 9 July 2003 on the Employment of Temporary Workers.
Source: Act of 9 July 2003 on the Employment of Temporary Workers (Journal of Laws 2003 No. 166, item 1608).
