In general, the right to enjoy the holidays due to expire on 31 December of each year, so that the worker, who has not enjoyed their holiday at the end of the year lose the days not taken, and as have been determined by the courts, nor does it have the right to be compensated in cash.
Although it is a covenant of accumulation (for example, that the vacation not enjoyed in a year are enjoyed in the early months of the following year), it is best to avoid it or limit it to specific cases, in order not to commit errors in the control of days enjoyed and outstanding enjoy.
However, this is so except that it doesn’t have enjoyed by having I agree with IT-or with a situation of maternity or paternity. In such cases, the days not taken must be “spent” within 18 months following the end of the year in which they have been originated (in case of IT), or without time limit (in cases related to maternity).
In the case of coincidence of the periods of vacation with situations of IT, the affected worker has the right to enjoy at a later time, once you return to work, the vacation days that have coincided with IT. The same thing will happen if the low starts before you begin the rest period but just to coincide wholly or partially with the holidays.
From there, and depending on the type of discharge, the employee shall enjoy their vacation within a certain time period. In particular:
- In general. If due to the IT the vacation you can not enjoy within the calendar year to which they apply, your employee must be able to enjoy them within the 18 months following the end of the year on Maternity leave.
- If IT is related to pregnancy, childbirth, or breastfeeding of its employee, or if it is maternity leave, adoption, fostering or paternity, there is no time limit for the enjoyment of the holiday. that have accrued.
“THE RIGHT TO ENJOY THE HOLIDAYS DUE to EXPIRE ON 31 DECEMBER OF EACH YEAR. THIS IS SO EXCEPT THAT IT DOESN’T HAVE ENJOYED BY HAVING I AGREE WITH IT-OR WITH A SITUATION OF MATERNITY OR PATERNITY.”
the new dates of enjoyment must be fixed by common agreement between the firm and the worker. If the employee sends the part of high but does not return to work, alleging that she gets the vacation not enjoyed, may sanction you. I would have to send a registered fax stating that, after you finish IT, you must return immediately to the company, reminding him that the new period of enjoyment of the holiday must be agreed by mutual agreement and that, in the case of discrepancies, there are specific procedures for resolving them.
If any of the employees remaining vacation days of 2016, it may not require your enjoy in 2017. Point. Now, it is true that they voluntarily consent.
Nor is it permitted that these vacation days be replaced by compensation in kind (even if what is agreed upon).
“it IS NOT ALLOWED THAT THE DAYS OF VACATION NOT ENJOYED will BE REPLACED BY A COMPENSATION of MONEY there ARE MANY SITUATIONS IN WHICH WORKERS ENJOY THE HOLIDAYS AHEAD.”
The “border” of the 31 December before indicated has another consequence. The right to vacation is going to earn throughout the year, from the 1st of January (or from the date of commencement of the contract, if later) until December 31 (or until the date of completion of the contract, if earlier). This causes many workers to end up enjoying the holidays in advance:
For example, if a worker enjoys from all of its vacation in the month of August and is still working in the company until 31 December, will have enjoyed the days that belong to it, and there will be no difference between the days earned and enjoyed.
However, if the worker enjoys all their vacation in August and immediately after you leave the company, will be rested more days than you are entitled (in the month of August only you have earned 8/12 parts of the vacation to which he was entitled, or less if your contract was formalised after 1 January). The differences between the vacation earned and enjoyed –more or less– shall be adjusted in the settlement, and that is practice.
In short, on many occasions they are going to be differences between the vacation earned and enjoyed, regardless of the fact that the company is more or less flexible on this point. It is therefore necessary to carry a control sheet for each worker, the latter must fill in and deliver to your supervisor.
These models (tabs-control) will allow you to know in every moment the vacation enjoyed and slopes, to know whether you can grant or not grant a bridge, or the setting for a vacation that should be included in the settlement.