While an ERTE of temporary suspension of the contract lasts, the worker will not generate the right to vacation, although, if the ERTE is of temporary reduction of the working day, it will accrue leave in proportion to the reduction of the working day that has been applied to the worker.
By way of example, if a worker is in a temporary suspension of contract ERTE for 3 months, he or she will lose a quarter of his or her vacation time.
On the other hand, if a worker is on vacation at the time the ERTE is approved, the vacation will be interrupted, since the contract becomes suspended and those days can be claimed once the ERTE ends.
The right to vacations
The right to leave is recognised and regulated in Article 38 of the Workers' Statute (ET), which specifies that the period or periods of entitlement to leave shall be fixed by mutual agreement between the employer and the worker, in accordance with the provisions, where applicable, of the collective agreements on annual planning of leave. In cases where there is no agreement, it may be the social jurisdiction that sets the dates for the enjoyment of the holidays, and its decision is not subject to appeal.
It is important to emphasize that the vacation schedule must be fixed in each company and the worker must know the dates that correspond to him/her, at least 2 months before the beginning of the vacation.
Can the company force its employees to take holidays during the state of alert?
No. Companies cannot force their employees to take holidays during the state of alert, since, in this case, there would not be a mutual agreement, and neither would they be giving the 2 months notice mentioned by the Workers' Statute (ET). However, there are companies that are reaching agreements with their workers. Read more +34 650 572 755
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