Although it is usual that we relate to holidays With the summer, the truth is that the legal period, which determines the employment contract law to grant the enjoyment of the annual leave, begins on October 1 and extends until April 30th every year.
The legal period to grant vacations begins on October 1 and runs until April 30
In addition, we must bear in mind that, although the holidays are a right enjoyed by all workers in a dependency relationship, it is the employer who has the power to diagram the vacations of its personnel, as part of the exercise of its management and organizational power granted by the labor contract law, provided that it is granted within the period established by the same law, from October to April.
What are vacations?
They are a period of paid rest granted annually, which every worker who has provided services for the time established by law has the right to enjoy. Have for purpose to allow the worker a period of rest repairing the physical and mental integrity of the worker, fully enjoying family life, recreation and protecting your health. That is why vacations are to be effectively enjoyed and they cannot be exchanged for money. With the sole exception of vacations not enjoyed.
The holidays are intended to be a period of rest to repair the physical and mental integrity
How many days of vacation by law correspond to me according to my seniority
The question among the workers arises almost by decantation: How many vacation days do I have? The labor contract law grants a minimum and continuous period (consecutive days) of paid annual rest for the following terms:
In any case, we must bear in mind that some Collective Bargaining Agreements may grant longer periods or more beneficial situations for the worker. This can be key to knowing how many vacation days correspond according to each particular case.
Vacation: How is seniority determined?
To determine the length of the vacation based on the length of time in employment, the amount the worker would have will be counted as such at December 31 of the year that they correspond.
If a worker’s entry date is December 26, 2010, and his vacation begins in the first fortnight of November, he is entitled to 21 days, because although he has not completed 5 years of seniority as of November, the seniority as of December 31 of the year to which the holidays correspond. In this case, as of December 31, they have already exceeded 5 years old.
Requirements to enjoy the vacation license: one of the most common doubts of workers has to do with new jobs. For example, How many days of vacation correspond to me for 6 months of work. To be entitled each year to the benefit of the vacation leave, the worker must have provided services for at least half, of the business days included in the respective calendar year or anniversary. For this purpose, the holidays on which the worker should normally provide services will be counted as working days.
When should the vacation leave start?
The license will begin on Monday or the next business day if that is a holiday. In the case of workers who provide services on non-working days, the holidays must begin on the day following the day on which the worker will enjoy the weekly rest or the subsequent working day if that is a holiday.
How is the time worked computed?
The days in which the worker does not render services due to having a legal license or conventional, or for being affected by an inculpable disease or misfortune at work, or for other causes not attributable to it.
Proportional vacation leave: what happens when the minimum time is not met?
When the worker does not reach the minimum time of half the working days of the year, the worker will enjoy an annual rest period, in proportion to 1 day off for every 20 days of actual work.
What happens when the establishment closes for a period longer than the holidays?
In the case of suspension of the normal activities of the establishment for vacations for a period exceeding the time of leave that corresponds to the worker without it being occupied by his employer in other tasks, it will be considered that half a suspension in fact until the normal tasks of the establishment are restarted.
Said suspension in fact will be subject to compliance with the requirements set forth in articles 218 and following of the employment contract law, and must be previously admitted by the authority of application the just cause that is invoked.
What is the time of granting the vacation?
The employer must grant vacation enjoyment of each year within the period between October 1 and April 30 of the following year.
Holiday communication
To have an overview regarding vacation days in Argentina, it is necessary to know that the start date of the vacation must be communicated in writing, with an anticipation of no less than 45 days to the worker, this without prejudice to the fact that collective agreements may institute different systems in accordance with the modalities of each activity.
When vacations are not granted simultaneously to all workers occupied by the employer in the establishment, workplace, section or sector where they work, and they are agreed individually or by group, the employer must proceed accordingly to that each worker is entitled to enjoy these at least in a summer season every three periods.
What is the form of compensation for vacations?
The worker will receive remuneration during the vacation period, which will be determined as follows:
· Monthly: In the case of paid jobs with monthly salary, dividing by 25 the amount of the salary received at the time of its award. When dividing by 25 and not by 30 the monthly salary gives us a plus of 20% in the calculation, which is known as vacation bonus.
For example: suppose a worker who charges $ 8000. To find out how much they have to pay you, you must divide that amount by 25 and multiply the result by the number of days you have on vacation: It would be: $ 8,000 / 25 days: $ 320 x 15 days = $ 4800
· Newsletters: If the remuneration has been fixed per day or per hour, the amount that the worker has been entitled to receive on the day prior to the date on which the enjoyment of the same begins will be paid for each day of vacation, taking for this purpose the remuneration that must be paid in accordance with legal or conventional norms or as agreed, if higher. If the usual working day is greater than 8 hours, the real working day will be taken as long as it does not exceed 9 hours. When the working day taken into consideration is, for circumstantial reasons, less than the worker’s normal, remuneration will be calculated as if it coincided with the legal one. If the worker paid by the day or by the hour has also received ancillary remuneration, such as for additional hours, the following paragraphs will be followed:
· Variable Remuneration: In the case of piecework salary, individual or collective commissions, percentages or other variable forms, according to the average of the wages earned during the year corresponding to the granting of vacations or, at the option of the worker, during the last 6 months of benefit of services.
The compensation of the worker shall be understood as integrating all that he receives for ordinary jobs or extraordinary, seniority bonus or other ancillary remuneration.
When should holidays be charged?
Payment of the vacation leave must be made at the beginning of the leave.
What happens when the granting of the vacation leave is omitted?
If the deadline for communicating vacations by the employer to the worker has expired, the latter may make use of his right, informing the employer in a reliable way who will make use of the right of vacation leave. In this special case, the law establishes an extension in the term to enjoy the license that runs until May 31.
Compensation. Holidays not enjoyed
Not a minor factor regarding this issue is the calculation of vacations not taken. When for any reason the employment contract is terminated, and the worker has not enjoyed his vacation period, he will be entitled to receive compensation equivalent to the salary corresponding to the proportional rest period to the fraction of the year worked. Said remuneration is compensatory in nature, for which reason it does not suffer contribution discounts.
It must be taken into account that, if the worker does not make use of the right to leave for vacations granted by the law, produces the expiration of said right regarding its enjoyment. Holidays cannot be exchanged for money.
The foregoing are only the basic rights established in the labor contract law regarding the annual vacation leave, but we must bear in mind that some Collective Labor Agreements grant additional benefits, as a greater amount of day, enjoy in business days, or other benefits.
By Ignacio Barrios
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