The rights of workers are protected by current legislation in Spain, and one of the fundamental aspects is the right to vacation. However, many people wonder if they are entitled to this benefit if they have just been hired.
According to Spanish labor regulations, all workers have the right to a minimum period of paid annual leave. The Workers’ Statute establishes that this period must be at least 30 calendar days, which can be divided into different periods according to the agreement between the employer and the employee.
Labor regulations on the right to have vacations in the company
Workers’ Statute (Royal Legislative Decree 2/2015): This law establishes the general framework of labor rights in Spain. Article 38 regulates the right to paid annual vacations, specifying the minimum duration and the conditions for their enjoyment. These agreements may establish more favorable provisions regarding the duration of the vacations, the periods of enjoyment and other related aspects. These calendars are agreed by the corresponding authorities and compliance is mandatory for employers. These regulations seek to guarantee that workers enjoy a safe and healthy break. Labor Jurisprudence: Jurisprudence, that is, judicial decisions in cases related to workers’ vacations, can also have an impact on the interpretation and application of regulations. The preceding foundations that can influence the rights of workers in terms of vacations.
What to do in the case of newly hired
In the case of newly hired workers, the right to vacation is acquired gradually. In the first year of work, a benefit period proportional to the months worked is established. This means that, if they have worked for six months, the employee will be entitled to half of the vacation days corresponding to a full year.
It is important to note that the vacation period must be agreed between the worker and the employee, taking into account the needs and organization of work. It is the responsibility of the employee to ensure that the employee is able to take their vacation at an appropriate time and that their employment rights are respected.
In addition, it is important to mention that, in the event that the employment contract ends before the employee has taken all his vacations, he will have the right to receive financial compensation equivalent to the vacation days not taken.
The right to vacation is a law that is regulated in Spain and that must be complied with without inconvenience. As well as respecting vacation days and ensuring the rest of workers during their vacation period. The time they have for vacations has reached the time they have been working, although this is gradually increasing since they start their period at the workplace. It is crucial that both the employee and the employee reach an agreement on the vacation period and respect the rights established in the current law. It should be remembered that in the event that the worker does not make use of his vacations and is fired from the company, he has the right to receive financial compensation for those days.
