Planning summer holidays: understanding how days off are allocated and who sets the dates
As summer approaches, workers often wonder how vacation days are managed and who ultimately decides the holiday schedule. This guide explains the process for choosing time off so that employees can enjoy a well earned rest without surprises.
To start, it helps to know your rights. In Spain, workers are entitled to annual leave as part of their compensation. The standard entitlement is 30 calendar days per year, which translates to 2.5 days per month worked. Some collective agreements, however, establish a reference of 22 working days for vacation. When planning time off, pay attention to whether leave is calculated in calendar days or working days, as this affects how weekends and holidays are counted.
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After determining how many days apply to an individual, the next question is who approves the holiday dates. The common belief that roughly half of vacations are chosen by the company and half by the employee is a myth. The law does not require the employer to impose half of the vacation period. Instead, the process is governed by a combination of personal rights and company rules, described in the labor framework and supporting agreements. Source: Official Labor Code, Article 38 to 42, and associated collective agreements provide the exact framework for scheduling and preferences.
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Article 38 of the Labor Law establishes that the duration and timing of vacation must be agreed upon by both employer and employee, while always respecting the terms of any applicable collective agreements. In the event of disagreement, the social judiciary will determine the dates, and its decision is final. The collective agreement also plays a key role in outlining the specific windows during which leave can be taken. Therefore, it is important to review the contract terms before submitting holiday preferences to the employer.
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Finally, the Labor Code requires that vacation dates be communicated at least two months in advance. It is also important to remember that holidays are intended to be enjoyed and cannot be paid out as compensation. In sum, choosing an ideal holiday involves understanding one’s rights as a worker, reviewing the terms of the collective agreement, and coordinating with the employer to set rest dates. By following these steps, employees are more likely to secure a satisfying and memorable summer break for themselves and their families.