Wymiar urlopu wypoczynkowego nauczyciela zatrudnionego w zespole szkolno-przedszkolnym prowadzonym przez jednostkę samorządu terytorialnego

Abstract

Abstract

This article addresses the legal regulations governing the length of annual leave and the procedure for granting it to teachers employed in school–preschool complexes managed by local government units. The coexistence of two distinct legal regimes within a single organizational unit – term-time (applicable to schools) and non-term (applicable to preschools) – creates significant interpretative doubts in labor law practice. The primary scientific objective of this study is to establish consistent principles for determining the leave entitlements of teachers performing duties in both types of institutions or changing positions during the calendar year, as well as to evaluate the applicability of the Labor Code to this group of employees. The research thesis posits that the current legal framework under the Teachers' Charter fails to provide sufficient clarity regarding leave calculation in composite organizational structures, and that adopting an interpretation based on the criterion of dominant working time (functional proportionality) prevents operational paralysis of the institution and avoids violating the principle of equal treatment of employees. The study primarily employs the legal-dogmatic method, involving a comprehensive analysis of the Teachers' Charter, the Education Law, and the Labor Code, complemented by functional, teleological, and systemic methods of interpretation, alongside an analysis of judicial decisions, administrative supervisory rulings, and legal doctrine. In conclusion, specific de lege ferenda proposals are formulated.