Whether you are a company employee or an entrepreneur, there are a series of rights that must be respected in the employment relationship as recognized by law. Among these rights we find vacations, since it must be clear that Every worker must have a paid rest period annually. (normally 31 days within the calendar year). It is an inalienable and constitutionally recognized right.
It is a right whose enjoyment is mandatory, and cannot be replaced by financial compensation. Sometimes the complexity of the employment relationship and the volume of work in many companies causes abuses in this sense to occur, which the worker suffers or the employer commits due to the lack of information, which this right entails. It is in these cases where we try to give effect to this right, either by claiming the vacations corresponding to a year in which they have not been enjoyed through no fault of the worker, or by actions aimed at negotiating with the company the enjoyment of the vacations. themselves, since the setting of the specific period in which they will take place or its modification cannot be a unilateral decision of the employer, but must be agreed upon by both parties and if not, we will raise the corresponding procedure before the social Jurisdiction in order to exercise This right.
In addition, we carry out the study and defense of particular situations that may arise in the exercise of this right, such as whether it is possible to provide services for another company while on vacation, which occurs when the set vacation period coincides with a worker's disability or with the maternity of the worker, which occurs if the worker stops providing services before this right...
Equally, We carry out the processing of permits before the company, informing you and analyzing when there is reason to be able to adapt it and the rights and consequences that this entails, since it is a temporary cessation in the company for a specific reason that must be communicated with sufficient advance notice and also justified. These permits cover different circumstances, they may be: leave for marriage, childbirth, pregnancy, illness, transfer of habitual residence, illness and death of a relative, breastfeeding a child... Being that in such permits it is the employer's obligation. continue paying the agreed remuneration.
On other occasions when the worker needs to be absent for a longer period of time, we will look for the legal formula that best protects them. being able to request a leave of absence from the company, whether voluntary or forced, provided that they meet the requirement of one year of seniority in the company in question, and taking into account the time limits established by law (leave of absence for a period of no less than 4 months and no more than 5 years); although for other types of leave such as caring for a child, or in cases of fostering or caring for a family member, it will be necessary to analyze the peculiarities that give rise to the worker being in the need to exercise this individual right that is recognized. .
