What are the rules for holiday work, on-call duties, overtime, and leave? What employee rights are truly guaranteed under the Labour Code?
What is worth knowing before the holiday season?
The Christmas and New Year period is, for many employees, a time of increased workload, schedule changes, and difficulties with obtaining leave. At the same time, it is also a period in which the law clearly protects employee rights, especially regarding work on public holidays, remuneration, and the right to receive time off.
Public Holidays During the Christmas Season
In December and early January, employees are protected by regulations governing statutory public holidays. These include:
- 24 December – Christmas Eve
- 25 December – Christmas Day
- 26 December – Second Day of Christmas
- 1 January – New Year’s Day
These are days on which, as a rule, an employee does not perform work, and the employer must schedule work in a way that ensures the employee has the day off.
Christmas Eve as a Public Holiday – What Changes Now?
As of 2025, 24 December (Christmas Eve) has been officially recognised as a statutory public holiday. This means the employer is required to schedule working time in a way that ensures employees have the day off, unless they perform work that falls within the catalogue of exceptions where holiday work is permitted (e.g., emergency services, gastronomy, hospitality, or continuous-operation systems).
In practice, this change ends the long-standing situation in which Christmas Eve was treated as a normal working day, even though for most companies it functioned as a shortened or irregularly organised workday. From now on, every employee covered by the Labour Code has the right to a full day off on 24 December, and any work performed on that day grants the same rights as work on other public holidays: the right to a substitute day off or, if granting such a day is not possible, a 100% pay supplement.
Can an Employee Work on New Year’s Eve?
New Year’s Eve (31 December) is not a statutory public holiday. This means the employer may schedule work on that day as on any regular working day.
In practice, many companies shorten working hours or grant an additional day off, but this results from the employer’s internal policy rather than legal obligations.
Holiday Work – Who May Work and Who May Not?
The Labour Code (Art. 151[10]) states that work on public holidays is generally prohibited, but there is a catalogue of exceptions, including:
- continuous-operation systems,
- emergency and medical services,
- gastronomy,
- transport,
- hospitality,
- work necessary to protect property, life, or health,
- facilities maintaining technical infrastructure.,
If your job does not fall under any of these exceptions, the employer cannot require you to work on a public holiday.
Holiday Pay and Overtime – How Much Are You Entitled To?
If you work on a public holiday, you are entitled to a substitute day off (this is mandatory). This is the basic rule – the employer MUST grant the day off before the end of the settlement period. If granting a substitute day is not possible, you are entitled to a 100% pay supplement (Art. 151[11] § 3 of the Labour Code). This means that work performed on a public holiday is compensated more favourably than regular overtime.
Taking a Day Off in Exchange for Holiday Work
The substitute day off should be granted on the employer’s initiative, not at the employee’s request. The employer cannot postpone granting the day indefinitely – it must be provided before the end of the settlement period. If this does not happen, the right to a 100% supplement arises automatically.
On-Call Duty at Home and On-Site Duty
During the holiday period, employers often introduce on-call shifts.
Home On-Call Duty
Home on-call duty is not considered working time, but once the employee is called to perform tasks, working time counts from the moment the employee actually begins performing those duties. Even though the employee is outside the workplace, on-call duty cannot violate the employee’s right to rest.
On-Site On-Call Duty
On-call duty performed at the workplace is fully treated as working time, which means it may result in overtime. Here as well, the employer must ensure compliance with statutory daily and weekly rest limits.
Leave During the Holiday Season – Can the Employer Refuse?
During the holiday period, the employer may refuse to grant leave if the employee’s absence would conflict with the company’s operational needs, violate the established leave schedule, or risk disrupting workflow. The mere fact that the holidays are approaching does not give the employee priority or any special entitlement to take leave.
This also applies to leave on demand – although, as a rule, an employee may use it, in exceptional and justified circumstances the employer has the right to refuse, which is confirmed by Supreme Court case law.
Taking Leave in December – How to Plan a Long Christmas Weekend?
December is one of the most popular months for annual leave, especially when employees want to combine public holidays into one longer break. With the changes in force from 2025, when Christmas Eve (24 December) becomes a public holiday, creating an extended holiday weekend has become easier.
To secure several consecutive days off, it is usually enough to plan leave for 22–23 December. In many companies, the final week of December is less busy, but the decision to grant leave still depends on the employer and the organisation’s needs. For this reason, it is advisable to submit your request early and agree on the date to avoid refusal due to increased workload.
Thoughtful leave planning not only lengthens the holiday break but also allows you to organise family time and rest from daily responsibilities. If you want to arrange a longer holiday period, make sure to plan ahead and confirm that your leave has been approved in accordance with the leave schedule.
Frequently Asked Questions (FAQ)
Can my employer force me to work on Christmas?
No, unless your profession falls within the statutory exceptions (e.g., gastronomy, hospitality, transport).
Is there additional pay for working on New Year’s Eve?
No, it is treated as a regular working day.
I worked on a holiday, but my employer did not give me a day off – what now?
You become entitled to additional compensation.
Does leave on demand always have to be granted?
No, the employer may refuse it in exceptional circumstances.
Is on-call duty during holidays paid?
If the on-call duty takes place at the workplace – yes, it is counted as working time. Home on-call duty is paid only if you actually perform work.
Summary
The holiday season is an important time for employees, both personally and professionally. The law provides protection against unjustified holiday work, guarantees additional compensation, and clearly regulates scheduling and leave rules.
If you have doubts or notice that your employer is violating your rights, do not wait. Contact us — we will analyse your situation, indicate possible solutions, and help you stop the problem before it turns into a serious dispute.
