A question that raises many doubts among workers is whether or not it is mandatory to work on a public holiday. Although there are many situations in which workers provide their services during public holidays, the legal frameworks need to be examined to see whether this is a mandatory issue or not.
The Workers’ Statute recognizes the worker’s right to “work holidays”, which are 14 days a year in which the worker receives his salary, but does not have to go to work or recover them another day.
Holidays are an inalienable right of the worker, which cannot be replaced by financial compensation.
However, when there are technical or organizational reasons that prevent the enjoyment of rest, or when the company needs the workers on a date indicated as a holiday; they will have to go to work.
Despite the fact that workers are entitled to those 14 paid holidays per year, the company can ask them to work on public holidays. In these cases, these workers will have to be compensated.
In sectors such as hospitality, commerce, surveillance, maintenance, construction, health,… etc. companies may ask workers to provide their services on a public holiday or weekly rest day.
What happens to retribution in those days?
When it comes to remunerating the hours of a holiday worked, the first thing you should do is see if your agreement requires you to pay a certain compensation.
If your agreement does not regulate this issue:
- One option could be to offer a compensatory break equal to the number of hours worked on holidays or on the day of rest.
- If you decide not to compensate the hours worked with rest, you must pay the amount of the hours worked on holidays or in the weekly rest period increased by 75%.
These rules apply if the work on a holiday or on a rest day is exceptional and its performance is due to technical or organizational reasons.
If your company has employees whose working day is usually carried out on Sundays and holidays (for example, an establishment that remains open every day), you must pay the salary set by your agreement in proportion to the working day.
If you have any questions about it or need more information about these issues,
you can contact our team of labor advisors to help you solve them.