Entitlement to vacation leave under the provisions of the labor code after termination of an administrative service relationship, as exemplified by the police act

Abstract

The article is of a scientific and research nature, and its subject is the analysis of legal acts and case law of the Supreme Administrative Court and the Supreme Court in the field of administrative law, labor law and service pragmatics, i.e. the Police Act. The subject of the considerations is the issue of vacation leave to which a police officer is entitled during the administrative and legal relationship and after its termination, and then taking up employment under the provisions of the Labor Code in the same calendar year, taking into account the possibility of applying calculations in accordance with the principle of proportional leave (Article 1551 § 1 section 2 of the Labor Code). The research goal was to demonstrate that vacation leave can be calculated on the basis of the Labor Code to a former police officer, despite the payment of a cash equivalent for unused vacation leave, who acquired this right under the existence of the service relationship, and also that in the case of a service relationship that is also regulated by special provisions, it is possible to apply the provisions of the Labor Code only in cases where the legislator directly indicates this in the provisions of the Act.