Delayed return from vacation? Check what the National Labor Inspectorate advises


The National Labor Inspectorate reminds that in the event of a forced extension of your stay abroad, it is crucial to quickly inform the employer.
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The employee has a maximum of two days to do so from the moment he or she learned about the problem. As PIP emphasizes, the reason for absence may be explained by phone, e-mail or text message, depending on the method of communication adopted in the company.
No contact with the superior, as we read on bezprawnik.pl, may result in serious consequences, including termination of the employment contract without notice.
The employer has the right to consider the absence as unjustified if the employee does not inform him about his situation. In such a case, the company may impose a disciplinary penalty, e.g. a reprimand, and in extreme cases, terminate the contract with disciplinary action. As noted by the National Labor Inspectorate, quick information about the planned return date is a key step in securing the employee's interests.
Justified absence does not always include pay
Random events, such as airspace closures, may be grounds for justifying an employee's absence, but do not guarantee retention of remuneration. Pursuant to Art. 80 of the Labor Code, remuneration is due only for days worked.
If the obstacle results from external factors, such as the carrier's decisions, the employer is not obliged to pay wages for the time waiting for the return.
To avoid problems, as bezPrawk.pl reminds you, it is worth keeping documents that will confirm the reason for the delay – e.g. airline announcements, correspondence with the embassy or screenshots of lists of canceled flights.
Read also: Instead of relaxation, a vacation often brings decisions about change. This is how you lose talents
This evidence may be crucial when formally justifying your absence upon return. Importantly, the period of justified absence protects the employee against termination of the contract during this time, which results from Art. 41 of the Labor Code.
How to regulate absence from work?
Employees who want to avoid losing wages have several options. One solution is to take leave on demand, which is available four days a year. Reporting such leave before starting work allows the absence to be formally legalized as paid.
Another possibility is applying for an extension of holiday leave, which, however, requires the consent of the superior. In the absence of such consent, unpaid leave may be considered, although this involves the lack of income for this time.
Read also: Dreams about traveling versus reality. Why can't Poles afford to travel?
An interesting alternative is the proposal of remote work from the place where the employee is stuck. If the nature of the duties allows it and the employee has appropriate equipment and access to the Internet, such an agreement with the employer may ensure continuity of remuneration. However, it is worth remembering that the decision to agree to remote work rests solely with the employer.




