Postponed workdays in 2024.
On the basis of Section 133, Paragraph four of the Labour Law, to Cabinet of Ministers order No. of 13 June 2023 .348 Paragraph 1 of the of the on the transfer of Working days in 2024 (hereinafter – order) is specified in the of institutions financed from the State budget, which determine the five-day working week from Monday to Friday, to carry forward the working day:
- from Monday 23 December 2024 to Saturday 14 December 2024,
and
- Labor day from Monday, December 30, 2024, to Saturday, December 28, 2024.
All local governments, merchants and organisations are advised to comply with Paragraph 1 of the order when determining work and rest periods.
section 133, Paragraph four of the Labour Law provides that if within the scope of the work week one working day falls between the public holiday and the rest period of the week, the employer may determine such working day as a holiday and transfer it to a Saturday in the same week or another within the scope of the same month. . At the same time, Section 136, Paragraph eight of the Labour Law stipulates that if an employer determines one working day, which falls between a public holiday and a weekly rest period, as a holiday and transfers it to a Saturday in the same week or another week within the same month, in case of transfer of the working day the referred to work shall not be regarded as an overtime job U.. However, in accordance with Section 143, Paragraph six of the Labour Law, if an employer determines one working day falling between a public holiday and a weekly rest period as a holiday and transfers it to a Saturday in the same week or another week within the same month, the duration of the weekly rest period may not be less than 35 consecutive hours. . Consequently, the legislation on the transfer of working days laid down in the Labour Law provides for derogations from the general rules on working week duration. the
in the of the , we explain that the aim of the legislation on the transfer of working days is to organise work and rest periods more flexibly and effectively. . This ensures the continuity of weekly working hours in the week to which working days are transferred, while workers in another week are provided with a higher number of rest days which they can use as they see fit. a..
the transfer of the working day of the should not reduce the amount of rights that employees would have acquired if the transfer of working days had not been carried out at all. . The transfer of working days is carried out taking into account that the legal situation of the employee is not impaired (the invalidity of the provisions of Section 6 of the Labour Law regarding the legal situation of the employee) and the principle of equal rights in employment legal relations is observed (Section 7 of the Labour Law). If a working day is postponed, the week of the month to which it is postponed shall be deemed to be one working day more, whereas the week of the month from which the working day is postponed shall be one working day less K.. The total number of working days and normal working hours does not change during the calendar month. . The weekly working time organised in this way shall be considered as the normal working time of the relevant employee.
the scope of the rights of the employee in the shall be evaluated within the framework of the calendar month, not the duration of the individual working week. This is evidenced by Section 133, Paragraph four, Section 136, Paragraph eight and Section 143, Paragraph six of the Labour Law, expressly laying down derogations from the general provisions on working week duration. . In general case an employee within the scope of each calendar month has the right to work the amount of normal working hours of the relevant month, which is also guaranteed to him or her in the situation when the transferred working day is determined in one of the months of the calendar year s.. In determining the transferred working days, within the scope of the relevant calendar month the total number of working days and hours or rest days of normal working time planned for an employee shall not change (as a result of postponed working days, the working day alternates between places and rest day, for example, the postponed working day from Monday 23 December 2024 to Saturday 14 December 2024, thus 23 December 2023 obtains the status of postponed working day, and 14 December 2024 obtains the status of postponed working day with the amount of normal working hours that an employee would have worked on 23 December 2024 if no working days had been postponed). Consequently, whether the days are transferred or not, the same extent of entitlement as would have been the case if the working days were not transferred is retained for the employee. . The same applies to the absence of an employee within a calendar month, whether or not there is a transferred working day in that calendar month s..
If an employee takes paid annual leave during the period during which the working days have been transferred, the holidays to which the working days have been transferred shall be regarded as working days and shall be paid accordingly.
If the worker is in temporary incapacity for work during the period during which the working days have been transferred, the holidays to which the working days have been transferred shall be regarded as working days and shall be paid accordingly.
If the employee or employer has commenced work and the last day of the employment legal relationship is the transferred working day – since the day is determined as the working day, the employee must come to work and perform the work contracted in the employment contract.
If the employment relationship is established between the date on which the work was due to take place because it is the transferred working day and the day determined as a holiday, the employee is not required to attend the work on holiday.
If the employment relationship is established between the day determined as a holiday and the day on which the work is to be performed because it is the transferred working day, the employee must attend the work.
Here are some examples if an employee of the employer applying the order who has been hired a five-day working week wants to take paid annual leave:
- from 9 December 2024 to 22 December 2024, 11 working days shall be paid during the leave period, including 14 December 2024.
- from December 16, 2024 to December 27, 2024, then 6 working days are payable during vacation. . Follows ! 14 December 2024 is the working day (transferred working day) on which the employee is due to appear at work ! Furthermore, in accordance with Section 136, Paragraph eight of the Labour Law, in the case of transfer of a working day, the work performed on 14 December 2024 shall not be regarded as overtime work!
- during the from 20 December 2024 to 29 December 2024, 3 working days shall be paid during the vacation period, including 28 December 2024. Follows! 14 December 2024 is the working day (transferred working day) on which the employee is due to appear at work ! Furthermore, according to Section 136, Paragraph eight of the Labour Law, in the case of a transfer of a working day, the work performed on 14 December 2024 does not constitute overtime work ! On the other hand, the day covered by that paid annual leave, 23 December 2024, forms part of the rest period during the leave period.
