V.Labor accesses They are a right by law in any company, regardless of whether they work full time or have a part -time contract. It is an absence of the worker for a certain time while he continues to perceive his salary. That is, it is a paid rest period.
The duration of the holidays can never be less than 30 calendar days per yearalthough this period of time can be expandable according to the agreement. This holiday period is regulated in the Workers’ Statute, which specifies that this holiday period is agreed, the individual employment contract or the collective agreement is as follows.
Who chooses vacations, the worker or the company?
What most think is that vacations are chosen in two equal partsworker and company. However, this idea as expressed has no legal support. What actually happens to choose vacations is stipulated in the Article 38 of the Workers’ Statute.
This article explains that “The period or periods of your enjoyment will be set by mutual agreement between the employer and the workerin accordance with the provisions of your case in the collective agreements on annual holiday planning. “
This means that None of the parties can unilaterally impose dates. Even the existing collective agreements are emphasized, which play an important role in choice of vacations.
The collective agreements are different according to the regions and company sector. These documents can establish additional guidelines to manage and coordinate these periods. Therefore, it is important that workers know the applicable agreement and be fully informed to avoid problems.
What happens if I do not agree with the holidays?
If for any circumstance you do not agree with the holiday period assigned to you, in the first place you must talk to the company to reach an agreement. If an agreement is not yet reached, article 38 clarifies: “In case of disagreement between the parties, the social jurisdiction will set the date that corresponds to the enjoyment and its decision will be irrecurible. The procedure will be summary and preferred. “
Can the company force me to go on vacation?
The company cannot force you to take vacations without existence of prior agreement. The planning of them must be two months in advance. That is, enough room for both parties to be organized.
The really important thing is to have good communication with the company well in advance so that there can be no inconvenience last minute. The statute is designed to protect employees and avoid possible moderately forced situations.
However, Many people do not know these articles And they accept vacations even if they want them or to feel that the company is the one that has the total power over this period.
What is the difference between calendar days and working days?
On the other hand, it must be clarified that the statute contemplates 30 calendar days per year workedthis would be 22 holiday working days for the employee. In this way it would be computed 2.5 days for each month worked.
The difference between working days and calendar days is something that people do not usually differentiate. Working days are those in which people workso, generally, it is understood that they are the days between Monday and Friday, although, depending on each company and sector, it is possible that for some people on weekends they will be working.
On the other hand there is the concept of calendar days, which refers to every year of the yearregardless of working hours. This concept also includes Sundays and holidays.
Finally, although the law includes 30 calendar days per year worked, There are agreements that extend this period at 31 days, therefore it would have 23 holiday working days.