Many employees are not aware that their employer may cancel the employee’s leave right before the employee’s departure for the leave or even call the employee back from the leave in progress. This right is inferred from Section 217(1) of the Labor Code.
The law, however, does not provide how the employee should be notified about the cancellation of their leave; the problem would be mainly how to notify about it an employee who is at the leave already, enjoying his or her well-deserved days off. During their days off, employees are not obliged to check their mobile phones or emails, it means they may switch off their mobile phones during the whole period of leave and the employer may not impose any penalties on them for doing so.
Considering the fact that in the event of using the institute of cancellation of leave, the employer is obliged to pay to the employee and the employee’s family members any incurred costs such as return air tickets, cancellation fees etc., calling employees back from leave in progress will not probably be used too much.
It will happen more frequently though that the employer would suspend the employee’s leave and the employee would have to resolve the working task online via conference telephone call or group chat.
If you feel that your rights were prejudiced, and not only in the area of labor law, do not hesitate to contact our law office.
AK Pajerová s.r.o.
Mgr. Adéla Morávková