Do you need to know how much vacation you are entitled to? In this article we solve the most important doubts so that you can manage your vacations or the vacations of your employees in the most efficient way.
Article 24 of the Declaration of Human Rights: Right to Rest
A right that is included in Article 40.2 of the Spanish Constitution to guarantee Spanish workers 30 days of rest for each year worked. In relation to the Workers' Statute, companies are obliged to offer two other types of rest:
- A minimum of 12 hours of rest per day to face the workday.
- Weekly you should enjoy a day and a half of vacation.
Annual leave
The annual leave of employees is generated from January 1 to December 31. In the event that this period is not met, the person in question will be entitled to enjoy the proportional part of his or her employment contract. To calculate this, we can use a rule of three:
Different situations
Temporary disability
It may be the case of having a sick leave while you are on vacation. In this case, the employee will be able to recover those days that have not been taken and use them at the time he/she considers appropriate.
Vacations may be taken in another period of time provided that:
- There is a period of temporary disability due to pregnancy, childbirth or paternity. Once this process is over, the employee will be entitled to enjoy his/her vacation in the following year.
- Temporary disability for labor reasons. Practically the same as the previous case, but no more than 18 months may pass since the events occurred.
Excused absences
It is important to keep in mind that the employee generates vacation time by the simple fact of having an employment contract with a company. Therefore, in case you need to be absent from work in a justified manner, you will be able to generate vacations without any problem. It should be noted that strike periods are considered as excused absences, so they will be added to the global calculation.
Layoffs and vacations
In case of dismissal, the employee must receive the vacations not taken in the severance payment. In addition, contributions must be made for them and we can check this thanks to the labor report.
How long do vacations last?
The duration of the vacation will depend on the collective bargaining agreement or agreements within the contract, but it cannot be less than 30 calendar days whether full or part-time.
Saturdays, Sundays, holidays or other days that the employee does not have to work will not count as vacation time.
Normally the duration is stated in working days, but it may be stated in calendar days. In this case, the vacation will be calculated from date to date.
Vacations can never be paid to the employee because they are not created for that purpose. However, in the event that an employment relationship ceases to exist and you have to take vacation, the company will have to pay the corresponding severance pay.
When can I enjoy my vacation?
Taking into account the corresponding agreement, the employee and employer can agree on the dates, but it is important to know the corresponding days 2 months before they are to be taken.
The employee may freely choose his vacations as long as he takes them on a regular basis. However, he/she should never do so unilaterally because the company may consider it as an unjustified absence and, as a consequence, a dismissal.
Remuneration
During vacation, the employee must be paid the normal salary specified in the employment contract.
Can I work in another company while I am on vacation?
Despite the fact that the purpose of the vacation is for the employee to rest, there is the possibility that he/she may carry out other work tasks in another company. Even so, the following must be taken into account:
- There is no non-competition covenant in the labor contract.
- Unfair competition.
10 labor standards
To conclude, vacations are a right that every worker must have. Therefore, I will mention 10 rules that must be taken into account in order to enjoy them correctly:
- The employee must take at least 30 calendar days for each year worked. Depending on the collective bargaining agreement and the labor contract, the employee may be entitled to more days.
- It is forbidden to replace vacation time with an economic amount
- However, there is an exception to the previous case with temporary contracts because there may be an economic amount for those workers who have not enjoyed their vacations.
- You must enjoy the vacation you have earned in the same calendar year.
- You do not have to work a full year to enjoy your vacation entitlement, as you are entitled to 2.5 days per month.
- Workers must be aware of the vacation schedule 2 months in advance.
- The division of vacations is allowed as long as you enjoy at least 2 full weeks of interrupted vacation.
- Compensation during the vacation period must be equal to the employee's salary.
- From the employer's point of view, it is completely forbidden to penalize an employee by reducing his or her vacation time.
- The employee may work in another company as long as there is no clause to the contrary.
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