Labor holidays
He article 37.2 of the Workers' Statute, indicates that the labor holidays will be held as follows:
- They will be paid.
- They will be non-recoverable.
They may not exceed 14 per year:
- U 8 nationwide.
- Or 4 at regional level.
- Or 2 locally.
- National holidays that take place during the week may be moved to Monday, and in any case, those that fall on a Sunday.
- If any autonomous community cannot establish one of its traditional holidays because a sufficient number of national holidays do not coincide with Sundays, it may, in the year in which this occurs, add one more party, with recoverable character, to the maximum of fourteen.
What are the holidays?
The following are the eight usual holidays for the entire national territory. These are immovable festivities for the Autonomous Communities. (Year 2023)
- Good Friday – Friday, April 7.
- Labor Day – Monday, May 1.
- Our Lady of the Assumption – Tuesday, August 15.
- Hispanic Heritage Day – Thursday, October 12.
- All Saints – Wednesday, November 1.
- Spanish Constitution Day – Wednesday, December 6.
- Day of the Immaculate Conception – Friday, December 8.
- Christmas – Monday, December 25.
Besides, There are four holidays that each Autonomous Community You can decide to keep it or modify it for others: The general rule is that holidays do not count within the maximum annual working day indicated in the application agreement. We can find the following scenarios:
- New Year – Monday, January 2 (moved because the 1st falls on a Sunday).
- Three Kings Day – Friday, January 6.
- San José – March 20 (because the 19th falls on a Sunday) or Santiago's Day, Tuesday, July 25 (You must choose one of the two).
- Holy Thursday – Thursday, April 6.
Plus the two local holidays of each town hall.
How do holidays affect the maximum annual working day?
The general rule is that holidays do not count within the maximum annual working day indicated in the applicable agreement. We can find the following scenarios:
- That the holiday is celebrated on any day of the week where services are provided and the company decides not to open that day: there is no need to pay the worker's salary.
- If the weekly rest day overlaps or coincides with the holiday: the worker loses that holiday. As we indicated at the beginning, holidays are not recoverable. They cannot be moved to another day.
- May the holiday be celebrated outside of your work day. This occurs, for example, when the work day is from Monday to Friday, and the holiday falls on a Saturday. In this case, the holiday is not recovered, it is not replaced at another time.
- That the company decides to open and provide services on the same day as the holiday: in an ideal and theoretical situation, these hours would mean an excess of working hours beyond the agreement, which would lead to overtime. See application agreement.
- That the holiday is enjoyed during your vacation: in this case, the worker will not enjoy that holiday, as it cannot be replaced at another time, unless the calculation of said vacation were by working days, therefore, in this case , you could enjoy the festive + vacation.
When is a holiday recoverable?
If one of the 8 mandatory national holidays falls on a Sunday, the autonomous community can replace it with another day. The regulations allow the CCAA to establish a regional holiday with a "recoverable" character.
How should the worker return those hours to the company?
There is no specific regulation that develops it. Each company must previously agree with the worker how they will return those hours.
As it is a recoverable holiday, the rule only allows you to rest that day, or to put it another way: not go to work; but these hours must be returned to the company.
An example: lengthening the day each day to compensate for the hours of the recoverable holiday, not enjoying any of the non-recoverable holidays, starting the work day earlier, etc.
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