This is how rest days are calculated
The workplace is regulated by a series of laws and regulations that put in black and white the bases of the employment relationship between companies and workers. He Workers Statute It is the place that answers many of the questions that, at one time or another arise to the workers. Knowing how many vacation days you are entitled to by law is one of the most common. He calculation of vacation days It varies from one company to another depending on the sector, whether there is a collective agreement that regulates it, the type of working day and even seniority in the company. To clear up any doubts, we will tell you how many days of work rest you are entitled to by law and how to calculate them. How many vacations correspond per month worked: what the law says He article 38 of the Workers’ Statute is in charge of drawing the master lines for the right to rest. This article establishes the right to a minimum period of 30 calendar days of paid annual leave, not replaceable by financial compensationexcept as provided in the agreement or end of the employment relationship. That is, all workers have the right to rest for a minimum of 30 calendar days included in their salary. These days, under no circumstances, can be compensated for additional remuneration and can only be compensated for other days of rest on a different date. This is the legal minimum per calendar year of work and each year generates its own paid holiday entitlement. The Workers’ Statute establishes that they must be enjoyed in an agreed manner within the corresponding annual period, except for agreed or justified exceptions. In addition to agree jointly between the company and employees, workers have the right to know the vacation dates that correspond to them, at least two months before the start date of the rest. This way the employee can plan your vacation. How vacation days are calculated The Workers’ Statute clearly establishes that workers They have 30 working days a year. But how are your vacation days calculated if you have only been working at that company for a few months? The most commonly used practical rule to obtain the proportional part when the entire year has not been worked is to start from 30 calendar days and prorate them by months worked. Don’t panic because they exist vacation day calculators. In any case, its calculation is not complicated. The usual thing in companies is to use the value of calendar days, so it is enough to divide the number of calendar days by the twelve months of the year and multiply it by the months worked. The result returns the number of calendar days of work rest. On the other hand, if they are specified as working days, the calculation must be made by replacing the 30 days indicated in the Workers’ Statute with 22 working days. Difference between business days and calendar days The difference between a working day or a calendar day is important for the calculation and choice of vacation days. Calendar days: all calendar days are taken into account, including Saturdays, Sundays and holidays. That is, when calculating vacation days, all days of the chosen period are taken into account. This makes it more favorable for the worker to start the vacation on a Monday and end it on a Friday, since in this way neither the previous nor the following weekend are counted as vacations. Working days: as their name indicates, they are those days on which you would usually work, these being usually Monday to Friday, excluding weekends (Saturday and Sunday) and national holidays. This makes it irrelevant whether the first day of vacation is a Monday or Wednesday, since any weekends or holidays in between will not be counted.Besides, at a legal levelthere is a subtle difference between business days and business days. In both cases, Sundays and holidays are excluded, but in some cases, Saturdays may be considered working days, but are not considered business days. Is it 22 or 23 business days? As we have pointed out, the Workers’ Statute only establishes a legal minimum of 30 calendar days of work rest, but does not specify its equivalent in working days. If the company uses the workdays metric instead of calendar days, the calculation of the number of vacation days per month will also change. The most common conversion is to 22 working days, that is, days in which you would usually have to work. But It is not a universal figure for all companiesbut an average that can change from one company to another. The collective bargaining of some industrial sectors or the collective agreements of each company can include improvements to these conditions by increasing the number of vacation days and increasing those 22 working days to 23 days or even more. Therefore, it will be necessary to consult with the company or review the collective agreement that applies to know if the scale of calendar or working days is used to calculate vacation days. A practical example Nothing better to understand How does the calculation of vacation days work? We have to see it with a practical example. Imagine that you have started working in a company on March 1 and you want to take a few days of vacation the first week of September. How many days of vacation would you get? In that case, and taking into account the formula that we have indicated before, the calendar days of vacation would be calculated as follows: 30 (calendar days by law) / 12 (months) = 2.5 days of vacation per month worked 2.5 calendar days of vacation generated per month x 6 months of work = 15 calendar days of vacation If we apply the metric of working days, and assuming that the agreement (or the company) establishes that there are 22 working days, we would have: 22 (working days) / 12 (months) = … Read more