As a minimum, the holiday entitlement must comprise 30 calendar days, i.e. 30 days counted from date to date, i.e. 2.5 calendar days per month of service rendered, unless the applicable collective agreement provides for an improvement on this. The same applies to part-time workers. The period of leave must be fixed by mutual agreement, and the worker must be aware of it at least two months before the start of the period.
The summer season is approaching and with it comes the start of the holiday period for most workers in our country. Disputes over this matter are typical and commonplace.
Summer holidays are one of the most important workers’ rights and are regulated by the Workers’ Statute. In this circular, we will address key aspects of the duration, application, remuneration and other frequently asked questions related to summer holidays.
Holiday Request Procedure
regulations. If this is not the case, it is the company that will inform, either ex officio or at the employee’s request, the procedure to be followed by the employee in order to request his or her holiday.
As a general rule, a mechanism for communicating holiday requests between the employee and the company, as well as notice periods, should be established. For example, it is common in many companies to provide at the beginning of the year the company’s working calendar with working days and public holidays, as well as holiday periods and available shifts so that workers can plan and choose their holidays in advance.
The period(s) of leave shall be fixed by mutual agreement between the employer and the employee, in accordance with the provisions of collective agreements on annual holiday planning, where applicable.
Attention. Holidays must be taken, unless the Collective Agreement states otherwise, within the year in which they are generated, and are lost if they have not been taken.
Holiday calendar: this will be set by each company. The worker will know the dates corresponding to him/her at least 2 months before the start of the leave. Unless the Collective Agreement establishes a longer period.
It is advisable that the holidays are granted in writing, to avoid problems and that the company can proceed to a disciplinary dismissal for abandonment of the job and that there is no proof that the holiday period is being enjoyed.
In the event of disagreement between the parties, the competent courts must be seized of the matter, which will set the corresponding date for the leave to be taken, and their decision cannot be appealed.
If more than 20 working days have passed since you were notified of the holiday schedule, you are no longer entitled to change the dates of leave.
If you did not notify the periods of leave individually (you are not obliged to do so), the period of 20 days will be calculated from the date on which the holiday calendar was published on the notice board of the workplace where the employee works.
Attention. As a general rule, collective agreements fix the number of holidays in calendar days and working days, the general rule being 30 calendar days and 23 working days. It is necessary to take into account what is established by each agreement and individual employment contract in this regard.