<abstract xmlns="http://www.w3.org/1999/xhtml"><p>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?</p><p>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.</p></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.

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

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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...

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

Published Online: Mar 12, 2020

Page range: 78 - 96

Received: May 25, 2019

Accepted: Dec 23, 2019

DOI: https://doi.org/10.2478/bjlp-2019-0012

Keywords
Annual leave, right to paid leave, employee, transfer of leave, granting of leave, order of leave

© 2019 Ingrinda Mačernytė-Panomariovienė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

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

Published Online: Mar 12, 2020

Page range: 78 - 96

Received: May 25, 2019

Accepted: Dec 23, 2019

DOI: https://doi.org/10.2478/bjlp-2019-0012

KeywordsAnnual leave, right to paid leave, employee, transfer of leave, granting of leave, order of leave

© 2019 Ingrinda Mačernytė-Panomariovienė et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Annual leave, right to paid leave, employee, transfer of leave, granting of leave, order of leave