Regulation Of The Minister Of Labour And Social Policy Dated 8 January 1997 On Detailed Rules For The Granting Of Annual Leave, The Determination And Payment Of Remuneration For The Holiday And Cash For The Holidays

Original Language Title: ROZPORZĄDZENIE MINISTRA PRACY I POLITYKI SOCJALNEJ z dnia 8 stycznia 1997 r. w sprawie szczegółowych zasad udzielania urlopu wypoczynkowego, ustalania i wypłacania wynagrodzenia za czas urlopu oraz ekwiwalentu pieniężnego za urlop

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On the basis of article. 173 of the labour code are managed as follows: § 1. (repealed).

§ 2. If the periods of absence at work mentioned in article 1. 1552 § 1 of the code include part of the calendar months, with a proportionate reduction of the dimension of annual leave, in accordance with article 5. 1552 § 2 of the labour code, for a month is considered a total of 30 days.

§ 3. Dimension pro rata annual leave in a calendar year in which the employee has acquired on the employer the right to annual leave in higher dimension shall be determined having regard to the higher dimension of this holiday.

§ 4. (repealed).

§ 5. In justifying the move leave on different dates than specified in the plan vacations or determined after consultation with the employee, the employer shall grant the employee a leave within the period agreed with him.

§ 6. Remuneration for the duration of annual leave, hereinafter referred to as "holiday pay", shall be determined taking into account the remuneration and other benefits from the employment relationship, with the exception of: 1) disposable or non-periodic payments for the fulfilment of a specific task or a specific achievement, 2) remuneration for standby time to work and time not culpable by a worker downtime, 3) reward (s) Jubilee, 4) remuneration for annual leave, as well as for other justified absence at work 5) cash payment for annual leave, 6) additional remuneration of a solicitor for legal representation, 7) remuneration for the time being unable to work due to illness or detention in connection with an infectious disease, 7a) [1] the amount of the remuneration for work to the amount of the minimum remuneration for work, 8) Awards with prize fund, additional compensation of the annual exercise duties in respect of participation in profit or in the balance sheet surplus , 9) pension checks or schemes or other check-in cash, 10) salaries and compensation in the event of termination of employment – by applying the principles set out in § 7-11.

§ 7. Components of remuneration referred to in the rate of the monthly fixed account shall be taken of the gender pay gap holiday of payable to an employee in the month of use.

§ 8. 1. Elements of remuneration rights for periods not longer than one month, with the exception of those referred to in paragraph 7, shall be taken into account in determining the salary of a holiday a total amount paid to the employee during the 3 calendar months preceding the month of commencement of the leave.

2. in cases of significant fluctuations in the amount of remuneration referred to in paragraph 1. 1, these components can be taken into account in determining the salary of a holiday in total amount paid to the employee during a period of not exceeding 12 calendar months preceding the month of commencement of the leave.

3. the remuneration established according to the rules provided for in paragraph 1. 1 and 2 forms the basis of the dimension of the holiday pay, hereinafter referred to as "the basis".

§ 9. 1. Vacation Pay shall be calculated: 1) by dividing the base dimension by the number of hours during which an employee has rendered service in the period, which was established this basis, then, 2) by multiplying so fixed remuneration for one hour by the number of hours that an employee of przepracowałby at the time of the leave in the normal working time, in accordance with the applicable working time distribution it had at that time not used.

2. (repealed).

§ 10. In the event of a change in the components of the remuneration referred to in paragraph 8, or change the amount of these components in the period, of which the basis dimension, made before the start of the employee's annual leave or a month use that leave, the basis of dimension shall be again taking account of these changes.

§ 11. 1. If throughout the period adopted for determining the calculation basis, prior to the month the use of annual leave, or for a shorter period, but including full calendar month or full calendar months, the employee is not entitled to the remuneration referred to in paragraph 8, in determining the basis of assessment shall be taken into account in the coming months, for which the worker were entitled to such remuneration.

2. If a staff member before leave has remuneration specified in § 8 for a period shorter than adopted to determine the calculation basis, the base dimension is the remuneration paid to the employee for the period actually worked.

§ 12. 1. Elements of remuneration paid for periods longer than one month shall be paid within the time limits adopted the payment of these components, the period of leave is treated on a par with a period of performance of work.

2. the period of annual leave in respect of the supply of free rights to be treated on an equal footing with the period of performing the work.

§ 13. (repealed).

§ 14. Cash equivalent for leave, hereinafter referred to as "equivalent", shall be determined by applying the rules for the calculation of the remuneration of the holiday, with the changes set out in § 15-19.

§ 15. Components of remuneration specified in the fixed monthly rate shall be taken into account in determining the equivalent in the amount payable in the month of entitlement to the equivalent.

§ 16. 1. [2] components of remuneration rights worker for periods not longer than 1 month, with the exception of those referred to in § 7, paid within the 3 months immediately preceding the month of entitlement to equivalent, shall be taken into account in determining the equivalent in the average height of this period.

2. [3] If you have not worked the full period referred to in paragraph 1. 1, the remuneration actually paid to him in this period is divided by the number of days of work, for which they were entitled to this remuneration, and the result is multiplied by the number of days that the employee przepracowałby in the normal working time, in accordance with it the distribution of working time.

3. the provision of § 11 shall apply mutatis mutandis.

§ 17. 1. Elements of remuneration rights worker for periods longer than 1 month, paid during the 12 months immediately preceding the month of entitlement to equivalent, shall be taken into account in determining the equivalent in the average height of this period.

2. The provisions of § 11 and 16. 2 shall apply mutatis mutandis.

§ 18. In lieu of the unused by employee annual leave shall be calculated: 1) by dividing the sum of the monthly remuneration determined on the basis of § 15-17 by the coefficient referred to in paragraph 19, and then, 2) [4] by dividing the so obtained the equivalent of one day of leave by the number of corresponding to the standard daily working time applicable employee, and then, 3) by multiplying the so obtained the equivalent of one hour of leave by the number of hours of unused annual leave by the employee.

§ 19. 1. A factor used to determine the equivalent of 1 day of leave shall be determined separately in each calendar year and shall apply for the calculation of the equivalent, to which the worker has acquired the right during that calendar year.

2. The coefficient shall be determined by subtracting the number of days in the calendar year, the total number of per this year on Sundays, holidays and non-working days arising from the working time in an average of five days a week of work, and the result is divided by 12.

3. (5) If an employee is employed on a part-time basis, the value of the coefficient fixed in accordance with paragraph 1. 2, shall be reduced in proportion to the working time of the employee.

§ 20. Loses power regulation of the Minister of labour, wages and Social Affairs of 21 October 1974 on the employees ' annual leave (OJ # 43, item. 259, 1976, no. 40. 238, 1983, No. 70, item. 316, 1984 No. 35, item. 188 and 1989 No 53, item. 314). § 21. [6] Regulation shall enter into force after 14 days from the date of the notice.

[1] § 6 paragraph 7a added by § 1 paragraph 1 of the regulation of the Minister of labour and social policy of 8 October 2009 amending Regulation on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ # 174, item. 1353). Revision came into force on November 3, 2009.

[2] § 16 para. 1 in the version agreed by § 1 paragraph 2 of the regulation of the Minister of labour and social policy of 8 October 2009 amending Regulation on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ # 174, item. 1353). Revision came into force on November 3, 2009.

[3] § 16 para. 2 in the version agreed by § 1 paragraph 2 of the regulation of the Minister of labour and social policy of 8 October 2009 amending Regulation on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ # 174, item. 1353). Revision came into force on November 3, 2009.

[4] § 18 paragraph 2 as amended stipulated by § 1 paragraph 3 regulation of the Minister of labour and social policy of 8 October 2009 amending Regulation on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ # 174, item. 1353). Revision came into force on November 3, 2009.


[5] § 19 paragraph. 3 added by § 1 paragraph 4 of the regulation of the Minister of labour and social policy of 8 October 2009 amending Regulation on detailed rules for the granting of annual leave, the determination and payment of remuneration for the holiday and cash for holiday (OJ # 174, item. 1353). Revision came into force on November 3, 2009.

[6] Regulation shall enter into force on 24 January 1997.

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