Can I choose the date of my vacation at work?
It is not the first time that you hear that holidays are chosen according to the fact that "fifteen days are chosen by the worker and fifteen days by the company" or that "a few days before they start they have been approved for me".
We must be clear that these often normal comments should not be allowed, since the law does not indicate this type of behavior. Workers must know at least two months in advance the date of the holidays to be enjoyed as otherwise our rights would be violated, not being able to react in the planning of a trip, management of our own time, family meetings, and so on.
The period in which we are going to enjoy the holidays must be fixed by mutual agreement between the employer and the worker, always taking into account the collective agreement that is applicable. Therefore, the annual holiday planning will be governed on the basis of the collective agreement.
We must know that the annual vacations that we are entitled by law to enjoy during a year of work are of thirty calendar days, many times the agreement of application can stipulate them in working days.
In cases of disagreement between the employer and the worker, the provisions of Article 38 of the Workers' Statute shall apply, regulating that the competent jurisdiction shall be responsible for setting the date corresponding to the enjoyment of the same, being its decision irrecurrible.
Remember that the vacation period stipulated in the agreement can never be replaced by financial compensation, except in cases where there is a termination of the contract of work / dismissal and have not been taken the vacation that corresponded.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.
We must be clear that these often normal comments should not be allowed, since the law does not indicate this type of behavior. Workers must know at least two months in advance the date of the holidays to be enjoyed as otherwise our rights would be violated, not being able to react in the planning of a trip, management of our own time, family meetings, and so on.
The period in which we are going to enjoy the holidays must be fixed by mutual agreement between the employer and the worker, always taking into account the collective agreement that is applicable. Therefore, the annual holiday planning will be governed on the basis of the collective agreement.
We must know that the annual vacations that we are entitled by law to enjoy during a year of work are of thirty calendar days, many times the agreement of application can stipulate them in working days.
In cases of disagreement between the employer and the worker, the provisions of Article 38 of the Workers' Statute shall apply, regulating that the competent jurisdiction shall be responsible for setting the date corresponding to the enjoyment of the same, being its decision irrecurrible.
Remember that the vacation period stipulated in the agreement can never be replaced by financial compensation, except in cases where there is a termination of the contract of work / dismissal and have not been taken the vacation that corresponded.
In case you need our legal services, Forcam Abogados will advise you on your labor rights.
At Forcam Abogados we have offices in Barcelona, Tarragona, Reus and Tarrega.