Guide to avoid losing vacation days

Christmas is one of the last opportunities of the year to take the pending vacation days to enjoy in 2014. Although there are many employees who decide to save some days to enjoy them in the first months of 2015, by law, and unless the parties agree Otherwise, these expire on New Year's Eve.

Therefore, before calculating to delay the vacation, it is necessary to negotiate with the boss and even record the agreement in writing to avoid misunderstandings and to ensure that the pending days off do not disappear. From Legálitas they explain that, regardless of what the law establishes, companies tend to be flexible and “more and more companies, individually or collectively, extend the enjoyment period to January, even February, of the following year.”
As an exception, it is understood that people who are temporarily on sick leave, as they continue to accumulate vacation days like the rest of their colleagues, will be able to enjoy them throughout the following year if they have not been able to do so due to being sick.
Anyone who has not found the time to use up all the pending days and hopes that the company is obliged to compensate them, should know that the regulations require that they take all vacations. It is not just a wish, but article 38 of the Workers' Statute, in addition to the Spanish Constitution, makes it very clear that "the public powers will guarantee the necessary rest, through periodic paid vacations." That is, as explained by the company that provides legal assistance services, financially compensating for days not enjoyed is not legal. The exception is in contracts with a duration of less than one year and in certain groups that are paid by the hour, as in the case of domestic employees.
Furthermore, the rule makes it clear that this possibility does not exist even at the request of the worker himself, since neither he nor the company can freely dispose of those days and pay them additionally in exchange for giving them up. They also cannot be interrupted unilaterally, as they are protected by law.
What the law says
-Vacation must be enjoyed in its entirety and cannot be waived in exchange for cash compensation.
– Neither party can impose days off. They have to be negotiated. If there is no agreement, a social judge will decide.
– Workers have the right to know at least two months in advance when they will be able to take their vacation days. l Legally, New Year's Eve is the last day to enjoy the pending enjoyment periods. To delay it, you have to negotiate it with the boss.
– An employee who is on sick leave continues to accumulate days off, like the rest of his colleagues, and will be able to enjoy them throughout the following year.
– Vacations are protected by the Workers' Statute and even by the Constitution. The company can't even interrupt them.
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