Dreptul la concediul de odihnă plătit în cazul cumulului de funcții
The Right to Paid Vacation Leave in Case of Functions Cumulation

Summary/Abstract: One of the main rights of employees is the right to paid annual leave. This leave is guaranteed and cannot be subject to any assignment, waiver or limitation (art. 144 of the Labor Code). For the period of the vacation, the person in question benefits from an allowance, which, mainly, is equal to the average salary rights received in the last 3 months before going on vacation (art. 150 of the Labor Code). The issue that needs to be clarified in this article concerns the obsolescence of Government Decision no. 250/1992 regarding vacation and other vacations of employees from the public administration, from the autonomous regions with particular specificity and from other budgetary units, normative act which, in the opinion of some practitioners, "prohibits the granting of paid vacation to employees who combine several positions" . But, as decided in jurisprudence, Government Decision no. 250/1992 was implicitly repealed by the entry into force of the Labor Code - Law no. 53/2003. Consequently, cumulative employees have the right to paid vacation leave, corresponding to each individual employment contract concluded.

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