There are several reasons that may be the basis for unused leave, such as the ease of freeing up days for a more convenient time, prolonged illness or when the contract has expired. ComparaJá will explain to you what the law says in these situations and how you can benefit from the rest you are entitled to.
Leave not taken refers to those not taken during the normal and expected period. This situation is all too frequent, as many workers accumulate several days of unused leave because they prefer to defer it to a more convenient time, or to coincide with a spouse’s leave.
Another very common scenario occurs when a worker gets sick during holidays, thus preventing them from taking them, or when there is a long-term illness that requires sick leave for longer than one year. In addition, vacations may also be discontinued when the contract ends before the expected rest period.
It is important to remember that Leave is an inalienable rightWhich means that the worker cannot fail to enjoy it, even if it is of his own free will. It is an inalienable right and cannot be replaced by any kind of compensation of any nature, nor is it dependent on the presence or effectiveness of the service.
The concept behind this right is to promote the worker’s physical and psychological recovery, as well as his integration into family, social and cultural life, which are essential factors for good professional performance.
How many vacation days are you entitled to?
Every worker is entitled to a leave of no less than 22 working days per year, relating to the last working year. but, work law It expected that leaves could be taken until April 30 of the following year, or even accumulated with the leaves of the current year, provided the worker agrees.
This principle remains unchanged the year you start working. In that year, the law entitles the worker to two working days off for each working month, up to a maximum of 20 working days, which can only be taken after six months in the company.
With this legal framework, cases can be established in which unused vacation days accumulate until the maximum limit is reached, and then the worker is actually forced to take advantage of the unused vacation days, without being able to postpone it for a longer period, at the risk of incurring it. own damage.
What are the accrual limits on unused vacation?
Leaves accrued in a year must be taken in the same year. That is, on January 1 of each year, you are entitled to 22 vacation days for the work you did in the previous year. These holidays must be taken by December 31st.
Although this is the rule, there are exceptions provided by law that allow the worker to defer the enjoyment of leave until April 30 of the following calendar year, which may accumulate with the leave accrued in that year. For this to happen, there must be an agreement between the company and the worker.
However, if, due to your responsibility, you cannot enjoy the leave by that date, you lose the right to the days and do not receive any financial compensation. On the other hand, if the company withholds vacations, so does the worker Right to compensation in the amount of three times the wage corresponding to the missed period, and in addition, he shall enjoy these days until April 30 of the following year.
Therefore, this limit is something that everyone must pay attention to, whether the worker so as not to lose his right to leave, or the company to avoid corresponding compensation.
How are the holidays in other countries of the world?
The Portuguese have the legal right to rest at least 22 days a year. By comparison, Spain is the European country with the highest number of holidays, 30 days, followed by the United Kingdom with 28 days and Luxembourg with 26 days. This is followed by countries such as Finland, Denmark or Sweden, all with 25 days, or Germany, with 20 days of vacation.
On the other hand, there are some countries that occupy the lowest rank in the world in terms of days off granted to workers. One is Mexico, where it has only six days off a year, and the workweek consists of six eight-hour days, making the weekly total 48 hours.
The duration of vacation in China (the country with the largest population in the world) and Nigeria is only five working days a year. In the USA, there is no national minimum number of days off, which means that a worker may not take any days.
“Hardcore alcohol maven. Hipster-friendly analyst. Introvert. Devoted social media advocate.”
