With the arrival of summer, there are also many doubts about what the Labor Code defines the rights and duties of bosses and workers at vacation.
All workers are entitled to 22 business days of vacation per yearovercoming this right to 1 January and referring to the work provided in the previous year. This right is non -nervous, that is, it cannot be exchanged for financial compensation, even by mutual agreement, being mandatory the enjoyment of at least 20 business days. If the worker gets sick during the holidays, they may be suspended and resigned in a mutual agreement with the employer.
In the first year of contract, the worker is entitled to Two business days of vacation for each month of work, up to 20 days, being possible to enjoy only after six months of activity. If the contract is less than six months, the accumulated days must be taken before the termination of the bond. Upon termination of the contract, the worker receives the compensation corresponding to the days overdue and not taken, as well as the proportional of the accumulated days until the date of departure.
If the company closes in August, the workers may be required to enjoy vacation during this period. The law allows the full or partial closure of the company for up to 15 days in a row between May and October, or more time if it is provided for in a collective labor instrument or through a favorable opinion of the Workers Commission, explains.
In exceptional situations, such as illness or unforeseen absence of colleagues, the employer can ask for interruption or resettlement of a worker’s holidays. In these cases, the worker must be compensated for possible financial losses, such as travel or accommodation expenses. The interruption must respect the right of the worker to enjoy half of the vacation continuously, even if he is called to return to work.
Justified absences, in addition to the disease of the worker or children, also included the assistance to other family memberslike parents or in -laws. They must be communicated five days in advance, whenever predictable.
Another recurring issue concerns the availability of the worker during the holidays. The law is clear in stipulating that the worker has no obligation to answer Emails or answering the company’s calls during this period, except in duly justified force majeure situations. If it is prevented from enjoying vacation in previously marked dates without valid justification, the worker is entitled to be compensated and may file a complaint with the authority for labor conditions (ACT).
Finally, as to the possibility of traveling days of vacation to the following year, the general rule is that the holidays are taken in the year they. However, exceptionally, until April 30 of the following year can be postponed by agreement with the employer or in special cases, such as the planning of vacation with family members resident abroad.
