Faro de Vigo
Un abogado laboralista alerta sobre los abusos de las empresas en vacaciones: «…
Muchos trabajadores desconocen sus derechos y obligaciones con respecto a las vacaciones
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Spanish Workers' Vacation Rights: What You Need to Know to Avoid Abuses
Madrid, Spain – A recent online video by labor lawyer "Un Tío Legal" has shed light on essential vacation rights for employees in Spain, aiming to inform workers about common abuses and their legal protections. According to the expert, all employees are entitled to a minimum of 30 calendar days of annual leave, as stipulated by Article 38 of the Workers' Statute. This right remains regardless of whether an employee works full-time or part-time. The lawyer emphasized that collective agreements cannot worsen these conditions. Furthermore, the video highlights that employees on medical leave do not forfeit their vacation days. Upon returning to work, they retain the right to enjoy these accumulated days or, in cases where the employment relationship ends due to incapacity, to receive financial compensation for them. A crucial point addressed is the notification period for vacations. Employers are legally required to inform employees of their vacation dates with a minimum of two months' notice. Conversely, employees must also request their vacations within this timeframe to ensure proper planning. Perhaps the most significant right discussed is the right to digital disconnection during holidays. Citing Article 20 bis of the Workers' Statute and Article 88 of the Data Protection Law, the lawyer stressed that employees are under no obligation to be available for work-related communications, carry work phones, or check emails during their vacation period. Violating this right can result in significant fines for companies, potentially up to 7,500 euros, in addition to infringing on the employee's right to rest. The video serves as a valuable guide for Spanish workers to understand and assert their legal entitlements during their time off.
