Annual Holiday and Permits: Understanding Your Rights
Annual Holiday Concept
According to the laws governing holidays, you can conceptualize it as a benefit which by law is given to workers with more than one year of service, to enjoy a break entitled to pay.
Annual Holiday Features
The holiday has the following features:
- It must be paid.
- It is continuous.
- It is waived.
- It is counted in days. (Art. 69: For the purposes of the holiday, the Sabbath will always be considered unqualified.)
- As a general rule, it is not compensable in money.
Basic Classification of Trade Shows
It is contemplated in Article 67 of the Labor Code and is 15 working days with full pay right, as a requirement to its source, at least one year of service.
Progressive Holiday
This institution is enshrined in Article 68 of the Labor Code and states that a worker with ten years of work for one or more employers, continuous or not, shall be entitled to an extra day of holiday for every three new years worked, and this excess will be subject to individual or collective bargaining. However, only up to ten years of work provided to previous employers shall be accepted.
The progressive holiday features are:
- The worker must have at least 10 years of service for one or more employers.
- It is a basic requirement to have ten years of service.
Holiday Proportionality
For the objectives pursued by the holiday, compensation is not in money because if so, it distorts the essence of the benefit.
Collective Holiday
Collective holidays are regulated in Article 76 of the Labor Code, under which the employer provides workers simultaneously holiday company or establishment or section of it. The granting of the holiday group is a power that the law has granted exclusively to the employer. So, you have solved the Department of Labor, saying that is the law that gives the employer the right to determine unilaterally annually and that all or part of your staff or establishment making use of the holiday collectively for a period not less than 15 days.
Remuneration for the Holiday
As the holiday is entitled to full pay, it is regulated as it is made depending on the remuneration system of the worker:
- For employees with fixed remuneration, it shall consist of the salary.
- For workers with variable compensation, it will be composed of the average of the gains in the last three months.
Continuity and Accumulation Holiday
Article 70 of the Labor Code regulates these two important subjects that are related to the ongoing nature of the holiday and with its accumulation. Such a legal provision contains three important rules:
- The holiday must be continuous.
- Continuity is intended to achieve the objectives of this institution.
- The parties by agreement may divide the excess of ten days, or at least 10 days should be as indicated.
Computation of Holiday
By express statutory mandate on Saturday is a holiday for the purposes of holiday. Consequently, in calculating the holiday should not be considered on Saturday, Sunday, and holidays declared by law.
Holiday in Companies that Stop Working
Article 74 of the Labor Code regulates this matter by ensuring that workers are not entitled to a holiday when the following conditions are met:
- That they be businesses or establishments, which by the nature of the activities that develop, stop working at certain times of year.
- That the time of the interruption is not inferior to the holiday which they are entitled according to the rules contained in the Labor Code.
- That during the suspension period has been granted normally pay on the contract.
Holiday of Teachers
For teachers serving in institutions of primary and secondary education or its equivalent, extending the contract of employment for the months of January and February, when there are copulatively two requirements:
- That the teacher has the current contract to December.
- The teacher has more than six months of continuous service in the same establishment.
Right to Leave
Article 66 of the Labor Code provides for the right to days of leave with pay in the following cases:
- Death of a child or spouse.
- Death of a son: 6 days from the gestation period.
- Death of a parent: 3 business days.
- Birth of a child: 5 days for the father.
Methods of Applying for Permissions
These permits shall be effective from the date of the respective death. However, in the case of a fetal death, permission will be effective from the time of registration of death, with the corresponding fetal death certificate.