The subject of the Master's thesis is the institute of annual leave and its elements. The main focus is on the carry-over of all or part of unused annual leave to the period following the reference period and the carry-over period, where many issues arise in practice.
Due to the importance of the right to paid annual leave, it is addressed in international, regional and national legal sources presented at the beginning of the thesis. This is followed by an analysis of the legal regulation of annual leave in the Slovenian legal system, which is the basis for further insights into the use and manner of use of annual leave. With the help of legal sources, case law and the professional literature, some common questions that arise in practice to which the Slovenian Employment Relationships Act does not provide a direct answer, are analyzed. The thesis focuses on the issue of carry-over of all or part of unused annual leave to the next period - the period following the reference period and the carry-over period. Alongside this issue, it is important to address the issue of compensation for unused annual leave, which is also dealt with in more detail. In the substantive areas, some important judgments of the Court of Justice of the European Union and some cases of Slovenian case law are analyzed. Although every effort should be made to ensure that workers take their annual leave in the current calendar year, this is not always possible. The reasons for this can be quite varied, which is why case law is important in this field, where the court decides in each case, according to the circumstances, whether the employee has had the opportunity to take annual leave during the statutory period and whether they have the right to carry over and in which circumstances the worker is entitled to compensation for unused annual leave.
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