Today we will talk about vacation pricing in personnel management. We all have the right to a vacation. We cannot give them up in any way, not even in exchange for money. Vacations, as indicated in art. 38 of Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the Workers' Statute Law, recognizes the inalienable right of workers to enjoy vacations, which will be paid, in no case case will be less than thirty calendar days and, They are not replaceable by financial compensation.
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Vacation contribution: What happens to vacations when the company-worker employment relationship ends?
In the event that all days of vacation accrued on the date of termination have been enjoyed, no settlement will be made regarding the concept of vacation.
If more vacation days had been enjoyed than those that had been accrued, - imagine a worker who has enjoyed 30 vacation days corresponding to the current year during the month of August and in October of said year the employment relationship is terminated. ; Since he has not worked the entire year, he has not accrued all the vacations that, however, if he has enjoyed, the days taken that have not been accrued will be deducted from the settlement.
What happens if the worker leaves the company without having enjoyed my vacation?
Finally, and entering into the matter of what we are going to analyze in this post, we may encounter an termination of the employment relationship (for any reason: end of contract, voluntary leave, dismissal) and that the worker has the right to vacations that has accrued, but which, however, when the end date of the employment relationship has arrived, has not yet been enjoyed.
In this case, as it is a right that the worker has already generated, we will proceed to pay said vacation days in their settlement. This is provided for in Directive 2003/88/EC of the European Parliament, which in its art. 7.2. states that: “The minimum period of paid annual leave (30 days in the case of Spain) It cannot be replaced by financial compensation, except in case of termination of the employment relationship”.
Vacation contribution: how to manage settlement
Likewise, the aforementioned vacation days that have not been enjoyed and have been paid, must be reported to Social Security and contributions will be made for them. Yesand will be processed by sending a settlement L13 – Complementary Settlement for situations assimilated to discharge corresponding to paid and untaken vacations.
When we find ourselves in this case, in which we have compensated for vacations not taken, when mechanizing the worker's leave in the Network System, we must indicate, as described in the Network News Bulletin 6/2020, the vacation end date and we will record the code corresponding to the type of vacation:
- 001 – PAID AND UNENJOYED VACATIONS
- 015 – VACATIONS NOT ENJOYED, PAID AND QUOTED DURING THE EMPLOYMENT RELATIONSHIP
To this end, a new field has been enabled in the functionality of the Network System aimed at processing workers' leave. Therefore, when we mechanize a leave in Red System and indicate in the “vacation end date” field the day on which the worker's vacation would end, we must complete the “SAA indicative” field with the corresponding and previously referred code, for the purposes of the notation of the situation of paid and untaken vacations that generates a situation assimilated to registration.
Let us remember the importance of vacation contributions, given that, in addition to being a right of the worker and adding the corresponding days paid to his or her working life, during said period, the worker will be in a situation assimilated to registration; situation in which access to benefits is recognized, mainly Social Security, under the same conditions as a worker who is in a situation of high and working effectively.
