In accordance with number 9 of article 241 of the Labor Code, the employer must prepare a vacation map, indicating the beginning and end of each worker’s vacation period, by April 15 of each year and must be kept posted in workplaces between that date and October 31.
We take the topic of the obligation to be fulfilled by 15-04-2022 and refer to some aspects of the Labor Code to be taken into account when scheduling vacations:
- Vacation Entitlement
The employee is entitled, each calendar year, to a period of paid vacation, which falls on January 1st.
The right to vacation is inalienable and its use cannot be replaced, even with the employee’s agreement, by any compensation, economic or otherwise.
The right to vacation must be exercised in such a way as to provide the worker with physical and mental recovery, conditions for personal availability, integration into family life, and social and cultural participation.
- Duration of the vacation period
The annual vacation period has a minimum of 22 working days.
For vacation purposes, weekdays are Monday through Friday, with the exception of vacations.
- No agreement between employer and employee
Explaining Article 241, which clarifies this issue, and states that in the absence of an agreement between the two parties, the employer can schedule the worker’s vacation. It must, however, consult the works council or, failing that, the inter-union committee or the union committee representing the employee.
If this happens, you must take into account that the beginning of the vacation cannot fall on a day of weekly rest for the employee concerned.
Regardless of the size of the company, the employer may only schedule the vacation period between May 1st and October 31st, unless another time is determined by a collective bargaining agreement or through the opinion of the employees’ representatives.
We have mentioned above some of the general rules on vacation scheduling, however, in certain activity sectors vacation scheduling is according to the Labor Code that specifies the activity and/or according to collective activity agreements.
