Can I be forced to give up my annual leave?
No: the right to annual leave is guaranteed and can't be cancelled. The minimum duration of annual rest leave is 20 working days, under the Labour Code. The actual duration is set in the individual employment contract, respecting the legal minimum, and granted proportionally to work performed in a calendar year. The right to leave can't be cancelled, conditioned or reduced below the legal minimum by any agreement between employee and employer — any clause to the contrary is void. You can't waive leave for money (cash compensation is possible only on contract termination). The employer must let you take the leave and pay the compensation at least 5 working days before you leave. Days not taken in a year must be granted by the end of the following year.
📋 The rules
- Minimum 20 working days of leave a year
- The right can't be cancelled or reduced below the minimum
- Any clause to the contrary is void
- Cash compensation only on contract termination
- Compensation paid 5 days before you leave
🔓 Exceptions
- Cash compensation: allowed only on contract termination
- Untaken days: granted by the end of the following year
- Leave above the minimum: via contract/collective agreement
⚠️ Penalties & fines
An employer who repeatedly refuses to grant leave or tries to reduce it below the legal minimum breaches the Labour Code. In such cases, you can contact the Territorial Labour Inspectorate (ITM) or seek legal assistance. The employer must ensure the effective exercise of the right to leave and pay the compensation at least 5 days before you leave. To exercise your right: request leave in writing, keep the approved request, check that you receive the compensation before leaving, and if it's systematically refused, report it to the ITM. Note: you're not obliged to waive leave for money during the contract — cash compensation is allowed only when the contract ends.
📎 Official sources
❓ Frequently asked
How many leave days am I guaranteed by law?
The minimum duration of annual rest leave is 20 working days. The actual duration is set in the individual employment contract, respecting the legal minimum, and granted proportionally to work performed in a year. Via contract or collective agreement you can have more days, but never under 20.
Can I be forced to give up my leave?
No. The right to leave can't be cancelled, conditioned or reduced below the legal minimum by any agreement between employee and employer. Any clause to the contrary is void. You can't waive leave for money, except where the employment contract ends.
Can I get money instead of leave?
Cash compensation for untaken annual leave is allowed only on termination of the employment contract. While you're employed, you can't swap leave for money — the employer must let you actually take it, to protect your right to rest.
What happens to untaken leave days?
The employer must grant untaken leave by the end of the following year. So if in one year you didn't take all the leave you were entitled to, the remaining days aren't lost automatically but must be granted the following year, by the deadline set by law.
What do I do if the employer refuses my leave?
If your right to leave is repeatedly breached, you can contact the Territorial Labour Inspectorate (ITM) or seek legal assistance. The employer is legally bound to ensure the effective exercise of the right to leave, and a systematic refusal can be sanctioned following a report.
🔎 Common searches
What people search to land here:
- “annual leave minimum 20 days”
- “employer refuses leave what to do”
- “money instead of leave law”
- “untaken leave days following year”
- “leave pay 5 days before”
- “right to leave can't be cancelled”