Dear readers, summer is coming! And just as the sun and the heat come, it usually brings many good things with it, and we are not talking about the extra pay but about the holidays.
Do you already have your rest period organized, or do you still have doubts about how to request vacation time, and how many vacations correspond to you? In this post we will try to solve the most frequently asked questions that company workers usually have.
Holiday FAQs
How many days do I have?
As we mentioned in all the posts where we mention labor regulations, it is necessary that you review the application agreement and business agreementss, since these can improve what is established in the Workers' Statute. However, under the art. 38.1 of the ET It will be at least 30 calendar days.
If you provide services in a company on a temporary basis then you will be entitled to the proportional part.
When are they generated?
In the calendar year, that is, from January 1 to December 31.
When can I enjoy them?
The period or periods of its enjoyment will be set Mutual agreement between the employer and the worker.
In case of disagreement between the parties, the social jurisdiction will set the date that corresponds to the enjoyment and its decision will be unappealable. The proceedings shall be summary and preferred.
Do I have the same days if my contract is part-time?
Yes, just as he says art. 14 ET: ““Part-time workers will have the same rights as full-time workers.”
My contract is ending and I haven't enjoyed all the vacations. What do I do?
In this case, you will will be paid in the settlement the perceptions corresponding to annual vacations accrued and not taken (art 147.1 LGSS).
What if I am on sick leave during the holiday period?
When the vacation period set in the calendar coincides in time with a temporary disability you will have right to enjoy vacations on a different date to that of temporary disability even if the calendar year to which they correspond has ended.
I have been on ERTE. What is my situation?
If you have been in ERTE for reduction of working hours It wouldn't affect your vacation in any way. We would be facing a situation similar to people with a part-time contract.
If your employment relationship has been suspended, no vacations have been generated during this period so, to calculate the days that correspond to you correctly, you will have to calculate the proportional part.
With the master in Human Resources You will be able to assume all the responsibilities and functions of the Human Resources Department Directorate, such as the management of vacations for company employees.
