In a period of years in the workforce begins to request your vacation is necessary to handle this well, everyone must fit their own individual rights and tacit, at the end of the article is available for download and publish in their various organizations.
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rest Right to work
There are three types of labor break character mandatory for workers. Rest in the Day of work, I could not be less than half an hour, for the collation . At the same time, weekly rest, for the replacement of worn physical and intellectual strength after a period of five or six days worked. Finally, the annual holiday or vacation of fifteen days, as enshrined in the Labour Code, Articles 66 to 76 ( or by collective agreement) .
Legal source:
Articles 34, 35 and 66 to 76 of the Labour Code
annual holiday features:
- constitutes an inalienable right to the employee for providing services to an employer for one year.
- includes a period of 15 days (or according to the Collective Agreement) each worker who is 1 year of service. By mutual agreement of the parties, exceptionally may accumulate up to two periods.
- The employer must give the benefit preferably in spring or summer periods , considering the needs service.
- During use of the benefit the worker shall receive full pay.
- The holiday must be continuous and only split up in more than 10 days, by agreement between the parties.
- The holiday is not compensable in money. Exceptionally, if the worker has the requirements for using the benefit and ceases to belong to the company, money must compensársele time holiday concept that would have corresponded.
Similarly, if the contract expires before one year of service which entitles the holiday, the clerk shall receive compensation for such costs equal to full pay calculated in proportion to the time between his employment or the date on which learned the last annual and term of office.
- The worker is entitled to be accorded the additional days of holiday falling progressively in relation to the vehicle's age in the company and the services provided to previous employers, and also those days agreed collective agreements, collective agreements or arbitration awards.
- If during use of the holiday, they occur a legal setting, conventional or volunteer of his compensation, this setting applies to the corresponding pay full compensation to the employee during his holiday.
- For purposes of calculating days of holiday, the Sabbath is considered a holiday.
holiday types:
- Holiday General or Basic: Is that stipulated in Article 67 of the Labour Code, which states that workers with 1 year or more of service are entitled to an annual holiday, 15 working days (or according to Collective Agreement ) , with full pay.
- Holiday Progressive: It is the one established in Article 68 of the Labour Code, which prescribes that a worker with 10 years of work for one or more employers, continuous or not, shall be entitled to a day additional holiday for every 3 new years worked, with this excess susceptible individual or collective bargaining.
In contrast to what happens to the basic holiday, under progressive holiday, the employee has the option not to use the days off that holiday progressive concept apply to you, and can compensate money in the form agreed by your employer through individual or collective bargaining.
- Proportional Holiday: It is that embodied in paragraph 3 of Article 73 of the Labour Code, which states that one employee whose contract ends before completing year of service which entitles the holiday, should receive compensation for that benefit, equivalent to full pay calculated in proportion to the time between his employment or the date on which he learned the latest annuity and term of office.
- Holiday Collective: The simultaneous use of the holiday for all staff of a company or establishment, or one of its sections by determination of the employer, as stipulated in paragraph 1 of Article 66 Labour Code.
- Holiday Conventional: As its name implies, comes from a convention signed between employer and worker through an individual contract, collective agreement or collective agreement and which aims to increase the number of days you are entitled to basic this last of his annual holiday.
This form of holiday is not regulated by any laws and only at the discretion of the parties as to sign it or agree .
Continuity and Accumulation of Holiday:
According to the provisions of Article 70 of the Labour Code, the holiday must be continuous, but excess of ten working days may be split by mutual agreement. Add the holiday also be combined by agreement of the parties, but only up to two consecutive terms. He adds that the employer whose employee has accumulated 2 periods, shall always give at least the first of these, before completing the year entitles you to a new period.
Compensation to be paid to the employee during the annual holiday:
This will depend on the type of compensation received by the worker, namely
- Fixed paid work: in this case the worker must be received during the annual holiday full remuneration equivalent to the salary received as periodic, regular and normal the provision of services.
- Variable paid work: the worker be paid to the average of the gains in the last three months worked , defined as the treatment variable pay, commissions, bonuses and others under the employment contract involving the possibility that the total monthly result is not constant from one to another month. It excludes overtime and allowances are not paid, as the collation, movement, travel, etc.
- Joint paid work: workers compensation subject to mixed, ie, in addition to salary, receive other consideration variables, full of holiday pay shall be the salary which will have to add the average variable compensation paid in the last three months worked.
holiday Compensation:
According to Article 73 of the Labour Code, the holiday that a worker must remain in office, can not be compensated money.
However, subsection 2 of that article stipulates that if the worker has the necessary requirements to use the holiday and ceases to belong to the company for any reason, the employer must compensate the money concept of time that would have corresponded holiday.
In turn, paragraph 3 of Article 73 says that a worker whose contract ends before completing the year of service are entitled to a holiday, shall receive compensation for this benefit, equivalent to full pay calculated proportion to the time between their engagement to the date of the last year by the end of their duties, ie, the employer is obliged to compensate the employee in cash when the termination of this contract by voluntary resignation or worker fails to serve the company.
For its part, the final paragraph Article in comment provides that in any case the sums received by the worker under this heading may be less than the full pay provided for in Article 71 of the Labour Code.
special form of granting the holiday:
Article 74 of the Labour Code provides for special and unique way to give the holiday, providing that no law shall this benefit to employees of businesses or establishments, by the nature of their activities, cease to operate certain times of the year.
However, in order to discharge the obligation by granting the holiday, according to the above, it is necessary that the following requirements:
- That no downtime less than the period that applies to workers according to the rules of the Labour Code.
- That during this period usually enjoyed workers compensation stated in the contract.
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