If you’ve taken a look at the Workers’ Statute on vacation, you’ll find that there are some aspects that might not be clear to you on a quick read. And, although we all have some knowledge about workers’ rights, when it comes to your vacation, you will surely have some doubts. Today we will clear them.
The first and most important thing to know is that the worker’s right to vacation is inalienable.
That is, you are responsible for your vacation as a worker, which no company or employee can eliminate. So much so, that the current legislation establishes that they cannot be compensated economically either.
Our experience tells us that, beyond this key, you may have some issues left to resolve in the complex field of labor law.
That is why we have compiled the most important aspects of the workers’ statute as regards their holidays. Thus, we hope you can enjoy your well-deserved rest with all the tranquility.
Worker’s Right to Vacation: Everything You Need to Know
If you want to request vacation from your employer, it is important that you keep in mind that each company has its procedures, although there is a common framework that must be respected by every company.
The company’s regulations usually include the mechanisms for requesting
vacations, although this is not always the case.
In the event that there is no written procedure in your company that you can consult, your employer must inform you ex officio about the procedure to be followed to request the vacation days that correspond to you.
These are included in your labor agreement, which will vary depending on each contract according to the job you perform.
Holiday periods established within the rights of the worker
Every worker is entitled, as a general rule, to 30 calendar days of vacation per annuity. This translates to 2.5 calendar days for each month you have worked.
It doesn’t matter if your contract is part-time or full-time; correspond to 30 days in any form of contract.
There is an important detail about the above, which affects workers who have been in the company for less than a year.
In this circumstance, the leave must be calculated at the rate of 2.5 days for each month of work,always maintaining this proportionality.
Although there are doubts about the terms of enjoyment of the holidays, the legislation is very clear in this regard, establishing that you must enjoy them between January 1 and December 31 of each year.
Thus, you will not be able to accumulate holidays from one year to the next,nor can you be compensated for days of an annuity in the next.
The holidays must therefore be enjoyed in the current year.
In addition to the above, it is important that you consider that the holiday period you choose cannot start on a holiday or non-working day,since non-working days will not count as rest time.
On the other hand, you can distribute your holidays as you prefer but, at least, it will be necessary to have two consecutive weeks a year.
Necessary the agreement between employers and worker to organize the holiday calendar
In general, and unless your agreement establishes something different,the vacation days will be decided by mutual agreement by the parties involved.
However, this decision must be subject to the holiday calendar set by the company which, in turn, must inform you of it at least two months in advance. This communication about the holidays, as well as the days you request, must be in writing.
It should be noted that, in case you do not reach an agreement with your company to request the holidays, the conflict will be raised to the competent court,which will have to decide by fixing the holiday period.
However, it is important to keep in mind that the decision you make cannot be challenged, so all parties will have to submit to it.
Finally, in the event that you are on maternity leave
or incapacity for work, you can enjoy your holidays in a period other than the calendar year.
However, you must do so within a total of 18 months. After that period, you will lose the right to enjoy your holiday.
on holidays covers all companies and workers in our country. Thus, it is important that you know that there are no possible exceptions to the above, regardless of the specific situation of the company in which you work.
On the other hand, remember that your holidays are not only inalienable,but the worker’s right to vacation is strict with all parties involved.
There is a lot of jurisprudence and it is rare for conflicts to occur but, unfortunately, they still happen. For this reason, our recommendation is that you try to inform yourself well about the conditions of holidays in your company, agreeing on the periods in which you want to enjoy them as far in advance as possible.