In April, the legal period to pay off formal workers’ vacations ended. Experts explain the steps to follow
Although the holidays With the summer days, the Employment Contract Law allows the annual leave to be granted between October 1 and April 30 of each year. Do you want calculate how many days do they correspond to you?
Holidays are a straight enjoyed by all workers in a dependency relationship, and the employer has the power to schedule the vacations of its personnel, within the period established by the same law, so as not to affect operations.
Holidays are defined as a period of paid rest granted annually, which every worker who has provided services for the time established by law has the right to enjoy.
They are intended to allow the worker a period of restful rest of the physical and mental integrity of the worker, fully enjoying family life, recreation and protecting their health. That is why vacations must be effectively enjoyed and cannot be exchanged for money, with the only exception of vacations not taken.
To be worthy of paid vacation days, the employee in a dependency relationship must have completed certain requirements.
The Law employment contract sets guidelines such as “the worker will have to provided services At a minimum, the half business days included in the year “. And each company must determine the working days in accordance with the own work regime (whether or not they work on Saturday; whether or not they carry out activity on optional days, etc.)
Issues like these reflect the particularities of the settlement for each case. Thus, for example, it must be borne in mind that those days in which the employee does not provide services due to having a legal license or conventional (vacation, death, exams, among others) or for being sick or injured or for other causes not attributable to it.
On the other hand, it is important to keep in mind that vacations must be notify in writing 45 days in advance.
How many days correspond for vacations?
How many vacation days correspond to my seniority
Refering to number of vacation days, the current legal framework establishes:
• 14 calendar days when the seniority does not exceed 5 years.
• 21 calendar days when it does not exceed 10 years.
• 28 calendar days when it is not older than 20 years.
• 35 calendar days when it exceeds 20 years.
Seniority is computed as of December 31 of the year to which the vacation corresponds. For example, if the worker entered on December 18, 2006, as of December 31, 2011, he would have been more than 5 years old (5 years and 13 days), therefore he has 21 vacation days.
Furthermore, according to article 18 of the Law employment contract The length of previous effective service time that the dependent may have had in the same company is computed as seniority.
However, when employees they failed to provide services half of the working days of the year, the law indicates that they will enjoy one day of vacation for every twenty days of effective provision. In this sense, working days are considered those in which the dependent does not provide services due to having a conventional or legal license, or due to being sick or injured, or for other reasons not attributable to it.
Additionally, current regulations indicate that it is appropriate for them to start on a Monday and, if that day is an optional holiday or non-working day and the company does not work, the license must start the next business day.
Exceptions and particularities of the holidays
Domestic staff have a vacation regime specific to their activity
There are employees in a dependency relationship who have a greater number of vacation days than the law allows because they are governed by collective agreements with better conditions for workers.
Also activities with very different time regimes, such as domestic service, are handled with a different settlement procedure for vacation days.
That is one of the most common types of exceptions found in calculating vacation days for each person, but it is not the only one.
For example, when we talk about “seasonal” workers the period to enjoy vacations is at the end of each season cycle, at the rate of one day for every twenty worked, if they had not managed to work half of the working days of the year.
On the other hand, if it is a marriage that works under the same employer, vacations must be granted jointly and simultaneously, provided that it does not noticeably affect the normal development of the company.
Breakdown of holidays
The current legal regime does not admit fractionation of vacations, except for the case contemplated in article 164 of the Labor Contract Law, which allows one third of an immediately previous period to be accumulated to a vacation period that had not been enjoyed.
Therefore, all other cases of vacation enjoyment for partial periods, even when this does not come from the will of the employer, but from a request of the employee, and even when the fractional enjoyment has been expressly agreed between employer and worker.
On the other hand, for the purposes of vacation pay, in accordance with the provisions of the Employment Contract Law, the remuneration corresponding to the vacation period must be paid at the initiation of the same.
In accordance with current regulations, vacations are paid by multiplying the value of each vacation day by the number of consecutive vacation days that correspond to the worker according to antiquity.
To determine the value of each day of vacation, it is necessary to observe different procedures according to the different payment methods.
– Day laborers by day or hour: The value of the last daily or hourly wage is multiplied by the number of hours or days of vacation.
– Paid workers with monthly salary: The value of the last monthly salary is divided by 25 and the result obtained is multiplied by the number of consecutive days of vacation. The division by 25 produces an increase in the amount of the vacation, an effect known as “vacation bonus”.
Others, in order to maintain a greater correlation between salary and working days, divide the monthly amount by the number of days in the month in which the vacation was granted. However, it is clarified that the most generally used and accepted divisor is thirty.
Find out the latest on digital economy, startups, fintech, corporate innovation and blockchain. CLICK HERE