The arrival of summer supposes for many workers the beginning of the long-awaited holidays and with them, of days of rest and disconnection. The assignment of vacations to the employee is something that is usually fulfilled in all companies since this rest is regulated in article 88 of Organic Law 2/218 of December 5, Protection of Personal Data and guarantee of digital rights ( LOPDGDD).
Thanks to this rule, every worker has the right to enjoy paid vacations, which are usually 30 calendar days, although this may vary depending on the type of contract or agreement that we have accepted. In the case of having worked less than a year, you have the right to the proportional part of the working time. In general, 2.5 days of vacation correspond to each month.
Breaching this right to disconnect can lead to fines and penalties. And it is that in addition to this obligation it is included in the new article 20 of the Workers’ Statute that regulates the rights of employees in relation to the digital environment and disconnection. These laws guarantee that companies comply with these codes and give the worker a period of one year to claim compensation for damages in the event that it is not carried out.
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If you are pressured to answer a message, an email or a call when you are on vacation, remember that as a rule companies cannot disturb their employees outside of their working hours. Photo: . Creative.
You are not required to pick up the phone
With the development of new technologies, being connected is becoming easier. However, this connection can become a double-edged sword if we place ourselves in the vacation break scene. If you feel pressured to answer a message, an email or a call when you are on vacation remember that as a rule companies cannot disturb their employees outside of their working hours and the penalties for doing so can be substantial.
In the first section, the sanctions start with fines of between € 626 to € 6,250. Those classified as very serious would be related to acts that were against the privacy and dignity of the workers, with sanctions that would be placed between the € 6,251 and € 187,515. Therefore, the worker has the right to keep their devices inactive so as not to receive any type of message.
Right to vacation at ERTE
With the current situation in our country, many workers are being affected by an ERTE and wondering whether or not they have the right to paid vacations. In principle, if the situation goes through a total ERTE, the contract is suspended and therefore, vacation entitlement is not being generated. On the contrary, if it is a Partial ERTE, yes you will be entitled to this rest time corresponding to the proportional part of the day that continues to be worked.
Right to vacation while on leave
Unlike the previous assumption, being on leave does not remove the worker’s right to enjoy their vacation period. Whether due to accident, pregnancy, disability, illness or any other consideration, the employee will be able to enjoy vacation days once they have been discharged, even being able to do it the following year. This right to recover those days can be carried out as long as you have been discharged from the doctor, it will not be valid that you are simply sick.
If during the holidays the worker suffered an accident that entailed sick leave, from that same day they would stop counting the days as vacations and after his recovery, the remaining days would be resumed. In the event that the contract ends and these hours have not been used, the company is obliged to pay for the days remaining so far, as well as to contribute them to Social Security.
Accumulate days for another year
The law establishes that the 30 calendar days that correspond to each worker must be enjoyed within the calendar year in which we are. Therefore, the days that are not used will be lost since it is not possible to accumulate days for the following year to have a longer vacation for this reason.
However, to avoid that after December 31 these days that actually correspond to us are lost, there are agreements to establish extensions that usually allow us to use these pending vacation days until the end of January of the following year.
What to do if the company breaches these terms?
If the company we work for refuses to give us a vacation or breaches some of the terms explained above, we have the right to sue, although we risk damaging the relationship with the company. Therefore, It is always advisable to try to reach an agreement before starting the legal route and later, if you do not get what you expected, you can now turn to the lawsuit to enforce your rights.
The other side of the coin