Can I be penalized without vacation?
Posted: Mon Dec 23, 2024 4:11 am
No, the employer cannot cancel or modify the employee's vacation as a disciplinary measure. This is established in article 58.3 of the Workers' Statute:
Article 58.3 ET 3. Sanctions consisting of a reduction in the duration of vacations or other reduction of the worker's rights to rest or a fine may not be imposed.
Can vacations be compensated financially?
No, holidays cannot be compensated financially or in kind. There are exceptions:
If the contract is terminated before the vacation days have been taken, compensation stratmail can be provided. The vacation days that have been accrued but not taken are paid.
In contracts with temporary employment agencies for less than a year, vacations are usually paid if they have not been taken at the end of the employment relationship.
The vacation period is paid the same as the rest of the months.
Holidays and temporary disability
Article 38.3 of the Workers’ Statute refers to vacations and the period of temporary disability of the worker, as we explained in the post “ vacations and temporary disability ”.
We would like to briefly remind you that the right to enjoy holidays is retained when they coincide in whole or in part with a temporary disability.
The process for vacations
Holidays are agreed between the employee and the employer. They must be taken, unless the agreement states otherwise, within the year in which they are generated, and they are lost if they have not been taken. The employee must know the dates that correspond to them as holidays at least two months in advance.
Only vacations from the current year can be claimed, except:
Whether it is a leave due to pregnancy, childbirth or breastfeeding, you have the right to take your vacation at the end of said period.
Sick leave when your Temporary Disability ends, provided that no more than 18 months have passed since the end of the year in which it originated.
The one-year period does not apply to temporary contracts lasting more than one year.
If there is a discrepancy or disagreement when setting the vacation time, the worker can file a claim against the employer and it will be the social jurisdiction that will set the date for the corresponding enjoyment and its decision will be final .
Article 125 of the Law Regulating Social Jurisdiction establishes two time limits:
If the company imposes vacation and the employee disagrees, he or she may file a claim directly within 20 days of being notified of the vacation.
If the worker requests a vacation and is not granted it, he or she can file a claim within a period of 2 months before the date on which he or she wants to begin enjoying the vacation.
Article 58.3 ET 3. Sanctions consisting of a reduction in the duration of vacations or other reduction of the worker's rights to rest or a fine may not be imposed.
Can vacations be compensated financially?
No, holidays cannot be compensated financially or in kind. There are exceptions:
If the contract is terminated before the vacation days have been taken, compensation stratmail can be provided. The vacation days that have been accrued but not taken are paid.
In contracts with temporary employment agencies for less than a year, vacations are usually paid if they have not been taken at the end of the employment relationship.
The vacation period is paid the same as the rest of the months.
Holidays and temporary disability
Article 38.3 of the Workers’ Statute refers to vacations and the period of temporary disability of the worker, as we explained in the post “ vacations and temporary disability ”.
We would like to briefly remind you that the right to enjoy holidays is retained when they coincide in whole or in part with a temporary disability.
The process for vacations
Holidays are agreed between the employee and the employer. They must be taken, unless the agreement states otherwise, within the year in which they are generated, and they are lost if they have not been taken. The employee must know the dates that correspond to them as holidays at least two months in advance.
Only vacations from the current year can be claimed, except:
Whether it is a leave due to pregnancy, childbirth or breastfeeding, you have the right to take your vacation at the end of said period.
Sick leave when your Temporary Disability ends, provided that no more than 18 months have passed since the end of the year in which it originated.
The one-year period does not apply to temporary contracts lasting more than one year.
If there is a discrepancy or disagreement when setting the vacation time, the worker can file a claim against the employer and it will be the social jurisdiction that will set the date for the corresponding enjoyment and its decision will be final .
Article 125 of the Law Regulating Social Jurisdiction establishes two time limits:
If the company imposes vacation and the employee disagrees, he or she may file a claim directly within 20 days of being notified of the vacation.
If the worker requests a vacation and is not granted it, he or she can file a claim within a period of 2 months before the date on which he or she wants to begin enjoying the vacation.