Content and Implementation of the Right to Annual Leave: Analysis Based on the Case Study of Lithuania

Q3 Social Sciences

Baltic Journal of Law and Politics Pub Date : 2019-12-01 DOI:10.2478/bjlp-2019-0012

Ingrinda Mačernytė-Panomariovienė, Vilius Mačiulaitis

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引用次数: 2

Abstract

Abstract Annual leave is granted to employees in order for them to rest and to regain efficiency at work. In accordance with Article 31 (2) of the Charter of Fundamental Rights of the European Union and Article 7 of the Directive 2003/88/EB of the European Parliament and of the Council regarding certain aspects of work time organization (Working Time Directive), employers must guarantee employees at least 4 [work] weeks of paid annual leave. Furthermore, Article 49 of the Constitution of the Republic of Lithuania maintains that every employed individual has the right to paid annual leave. The question arises whether this type of constitutional right can be absolute and if, as a result, employees are able to exercise their discretion to decide for themselves how to use this right. Can employers decide to grant or refuse to grant leave based on their own discretion? This article aims to address the content of the right to paid annual leave and its implementation details. In particular, it seeks to verify the extent to which an employee or an employer can affect the implementation of such a right.

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年假权利的内容与实施——基于立陶宛的案例分析

年假是为了让员工休息和恢复工作效率而给予员工的。根据《欧洲联盟基本权利宪章》第31(2)条和欧洲议会和理事会关于工作时间安排某些方面的指令2003/88/EB(工作时间指令)第7条，雇主必须保证雇员至少有4周的带薪年假。此外，《立陶宛共和国宪法》第49条规定，每一个被雇用的人都有权享受带薪年假。问题是，这种宪法权利是否可以是绝对的，因此，雇员是否能够行使自由裁量权，自行决定如何使用这项权利。雇主可否自行决定准予或拒绝准予假期?本文旨在探讨带薪年休假权的内容及其实施细节。特别是，它力求核实雇员或雇主能在多大程度上影响这一权利的实施。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Baltic Journal of Law and Politics Social Sciences-Law

CiteScore

0.70

自引率

0.00%

发文量

审稿时长

12 weeks

期刊介绍： Baltic Journal of Law & Politics (BJLP) is a scholarly journal, published bi-annually in electronic form as a joint publication of the Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania). BJLP provides a platform for the publication of scientific research in the fields of law and politics, with a particular emphasis on interdisciplinary research that cuts across these traditional categories. Topics may include, but are not limited to the Baltic Region; research into issues of comparative or general theoretical significance is also encouraged. BJLP is peer-reviewed and published in English.