1. Can I send an employee on a compulsory leave due to the coronavirus epidemic?
According to the current regulations, this is not possible, but according to press publications, such a solution is being considered in the next version of the anti-crisis shield, subject to a 14-day limit.
2. Can I oblige an employee to take the outstanding holiday leave?
Yes, it is possible on general terms. In accordance with Article 168 of the Labor Code, the overdue leave should be granted by September 30 of the following calendar year at the latest. In case of overdue leave, the employer does not have to consult with the employee about the date of taking it. The Supreme Court has confirmed in its rulings that the referral to the outstanding leave may be made even in case of lack of consent of the employee (ruling of the Supreme Court of January 24, 2005, I PK 124/05).
