Summer is coming! Do you have doubts about how to grant vacations?
The summer season arrives and with it the period in which the majority of workers want to enjoy their vacations... and once again the usual doubts assail us. Most collective agreements indicate vacation days and some of them indicate preference dates or the possibility of dividing it into various periods. Therefore, the first thing we must do is consult what the applicable Collective Agreement indicates. If the Collective Agreement does not indicate anything, we must take into account what the Workers' Statute indicates in its article 38. The enjoyment will be by agreement between the company and the worker. Neither party can decide unilaterally. Unless the company closes in a specific period. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment. Vacations can never be replaced by remuneration and must generally be enjoyed in the calendar year. How do you calculate the days that correspond to you? The calculation of vacations will be proportional to the days worked, it will never be less than 30 calendar days per year worked.It will be necessary to see if the applicable collective agreement establishes a longer period or for business days. If we are faced with a temporary contract of less than one year, the calculation will be proportional to the duration of the contract. If the number of days is not a whole number, there is no rule that indicates that it can be rounded, there are companies that do it or only grant you the hours that correspond to you. In the case of part-time workers there is no variation in the calculation of vacations, it corresponds to the same days as full-time workers. The difference in hours is already Industry Email List reflected in the salary they receive. What happens if there is no agreement? Upon complaint, the competent jurisdiction will set the date for enjoyment and its decision will not be appealable. What contract do I have to make to replace workers on vacation? According to a ruling on the unification of doctrine, an eventual contract may be made based on production circumstances, since there is no suspension of the contract. What happens in a situation of temporary disability? The worker who falls ill during his vacation has the right to recover those days of rest and enjoy the vacation later in another period.
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It does not matter whether the sick leave due to IT occurs before or during the holidays. If the worker could not enjoy his vacation in the calendar year to which it corresponded due to having been sick, he may enjoy it beyond the calendar year within the 18 months following the end of the year to which it corresponded. If the IT was derived from pregnancy, childbirth or breastfeeding or with the period of suspension of the employment contract due to maternity, the worker will have the right to enjoy the vacation at the end of the suspension period, even if the calendar year had already ended. that corresponded to the same. Can the company require that vacations be taken in August because there is less activity? The company cannot determine them without agreement with the worker, even if there is a logical reason like this, unless the company closes. This can only be done by agreement with the worker or worker representative. Can you request vacation combined with marriage leave? The employer has no obligation to grant them in that period, vacations are by agreement between the company and the worker.
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