Annual vacation in FBiH

In this part of the article about annual leave in the FBiH, we provide more details regarding the legal provisions that regulate this right of workers.

Using annual leave

· The employer determines plan use of annual leave in prior consultation with workers or their representatives, taking into account the needs of the job as well as the worker's justified reasons.

· The employer must inform employee about the period and duration of annual leave at least 7 days before using the annual leave.

· The employer brings Decision or Solution on the use of annual leave, which defines the length and duration of the annual leave. It is important that the employer has proof of delivery of the Decision/Resolution on the use of annual leave

· Annual leave can be use in two parts, the first part is used without interruption for at least 12 working days during the calendar year, and the second part no later than June 30 of the following year.

If the worker does not use the first part of the annual leave during the current calendar year, he does not have the right to transfer the annual leave to the following year.

· The worker has the right use one day of annual leave when he wants to, with the obligation to notify the employer at least three days before its use.

Fees for the duration of annual leave

During the use of annual leave, the worker has right to salary compensation, in the amount of salary he would have earned if he had worked.

The worker also has the right to reimbursement for the use of annual leave if this is provided for by the collective agreement, internal regulations of the employer or employment contract. According to Article 20 of the Regulations on the Application of the Income Tax Act maximum tax-free The amount of the allowance is set at up to 501% of the average net salary paid in the FBiH in the last three months prior to payment.

The right to holiday pay is linked to the use of annual leave.. Therefore, if the employee has not used annual leave, he is not entitled to a holiday unless the employer has tied the right to holiday to the acquisition of the right to annual leave.

During the use of annual leave, the employee does not exercise the right to a hot meal while the fee for transportation can be paid in proportion to the number of days worked and in accordance with the employer's internal acts.

Compensation for unused vacation

The worker cannot waive his right to annual leave, nor can he agree with the employer that instead of using annual leave, he will be paid a monetary compensation.

Payment of compensation for unused annual leave it is related to the case of termination of employment at which annual leave not used due to the employer's fault. The employer is then obliged to pay the employee compensation instead of using the annual leave in the amount that he would have received if he had used the entire or remaining part of the annual leave.

Compensation for unused annual leave is equal to salary compensation for the use of annual leave and is calculated in proportion to the unused annual leave.

Waiver of the right to annual leave

A worker cannot waive the right to annual leave. A worker cannot be denied the right to annual leave, nor can he be paid compensation instead of using annual leave, except in the case prescribed by the Labor Law.