Introduction
The government is easing legal restrictions in relation to domestic and foreign travel at a time when many employees have built up significant holiday entitlement and are longing for a break, if not a whole new approach to holidays. At the same time, the ever-changing situation makes it hard for everyone to make plans, with businesses that have made redundancies facing especially tough resourcing challenges. As a result, novel questions are being raised about employee rights and policy approaches in relation to holidays.
This article considers some of the difficult issues that employers will be facing with respect to resourcing over the holiday period.(1) These range from managing quarantine and staff with built-up annual leave to contemplating new policy approaches to holidays for the longer term.
Key points
Following amendments to the labour regulations, the number of overtime hours performed in one year may now be extended beyond the maximum of 240 permitted prior to the COVID-19 pandemic for employees in specific categories or industries, with the approval of a special governmental commission.
In addition, it is now possible to compensate overtime with time off during the 30 days following the performance of the overtime if such possibility is provided for in the relevant collective bargaining agreement or the individual employment agreement.
Introduction
The COVID-19 pandemic forced the Moldovan authorities to accelerate the modernisation of the legal framework, especially with respect to labour regulations. For example, certain matters such as remote work had to be regulated in order to adapt to the current reality. Many aspects still need to be addressed by the legislature before the labour code can catch up with the needs of the business environment (eg, the impleme
The Employment Appeal Tribunal has ruled that, where a worker has taken a period of unpaid holiday, they will not be entitled to a backdated payment for it (or any earlier periods) if they do not submit a claim within a three-month limitation period after the claim has arisen.(1) The European Court of Justice s (ECJ s) decision in
King v The Sash Window Workshop Ltd did not require a different approach.
Background
In 2017 in
King v The Sash Window Workshop Ltd, the ECJ ruled that where workers are not granted the paid holiday to which they are entitled under the EU Working Time Directive, they can carry over that right indefinitely until they have the opportunity to exercise it (for further details please see Workers denied paid holiday can carry over rights until termination ). When workers employment terminates, employers must pay them in lieu of the holiday that they did not take.