Investor's Guide - Labour System - Holidays, Vacations and Absences

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Labour System 

 

4.2. Vacations

   

Every calendar year, employees are entitled to a period of paid vacation, which is acquired every January 1st (referred to the preceding calendar year).

 

The right to vacation cannot be waived. Effective vacation time cannot be substituted, even with the employee's consent, by any form of economic or other compensation, if a minimum of 20 business vacation days are not assured.

 

Annual vacation period has the duration of 22 business days. Collective bargaining agreements may extend the duration of the annual vacation period.

 

Vacation should be taken within the calendar year in which it becomes due. However, vacation may be taken until April 30 of the following year, whether or not in accumulation with the vacation that becomes due that year.

 

In the admission year, the employee is entitled to 2 business days of vacation per each month of the labour contract’s duration, with 20 days limit, to be enjoyed after 6 months of work. If the calendar year ends before that 6 months’ period, vacation may be taken until June 30. Same rules apply in case of impediment that started in the previous year. Nevertheless, employee shall never be entitled to more than 30 business days of vacation period in the same calendar year.

 

For employment contracts that last less than six months, the employee is entitled to 2 business days of vacation per each month of the contract’s duration.

 

If compatible with the company’s activity, the employer may fully or partially close the company or establishment, for collective vacations: 

a)   Up to 15 consecutive days between May 1st and October 31st; 

b)   For more than 15 consecutive days or outside of the period stated in the preceding line, whenever stipulated as such in collective regulations, or through a favorable opinion from the workers council; 

c)   For more than 15 consecutive days between May 1st and October 31st, whenever the nature of the business so requires.

 

The employer may also fully or partially close the company, for employees’ vacations: 

a)   For 5 consecutive business days during Christmas school holidays; 

b)   On a business day between a Tuesday or Thursday holiday and a weekly rest, provided that the employer communicates that closure to the employees until December 15 of the previous year.

 

Employers may change vacation time already scheduled, or interrupt ongoing vacations, due to the imperative demands of the company, but employees will be entitled to be indemnified for any losses he proves to suffer.

 

 

 

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