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The Room of the Social of the Supreme Court has ruled that the permission paid for marriage of 15 days must begin on the first working day following to the celebration of the wedding and not the day in which it occurs, when it is held in a non-business day for the worker. In the ruling, known yesterday, Tuesday, the room of the Social is pronounced, in particular, on the convention on the collective state of the companies of temporary work and gives the reason to the trade unions UGT and CC.OO. when you consider that the permissions are not intended to give the worker a break, but the of releasing them from going to work, without loss of pay , faced with the need to meet a certain situation.
[click here to see the judgment 257/2020 of the Supreme Court]
The sentence of the TS states that “when the causal event happens in a non-working day –or a public holiday or day appointed as a non-business day in the calendar of work – the purpose and the very essence of the permission to force you to have to start the next immediately following business day… And, reiterating our jurisprudence, both in the convention and in the Law it speaks of ‘paid leave’, the clear evidence that such permits are granted for your enjoyment on weekdays, because on holidays there is no need to ask for them because there is no work”.
From the vehicle.OO. have interpreted the Supreme failure on “a matter of depth” that creates a lot of uncertainty and remind us that speaks out against the criteria of the National Audience, that distinguishes between permissions “shorts” that should be enjoyed on weekdays, and permits “long”, as the marriage , which is granted in calendar days. Among the “permissions shorts”, the sentence, of which he was rapporteur judge Ricardo Weddings, including those of birth, serious illness, accident, hospitalization or death of relatives up to the second degree, that is to say, those who are granted up to three days ~must be interpreted as necessarily days”.
A circumstance that contrasted with the fifteen days for marriage, where, he held the National Audience, “it is logical that, as in the holiday, they opt for natural days, which shall include, logically, all non-working days”.
In fact, the Supreme ruled in this same direction in its judgment of may 5, 2018. “Therefore, the important novelty that brings this judgment 257/2020 is the consideration that all paid leave, including marriage, you must begin to enjoy in a working day”, added the spokesperson of the union in a note.
So, the Supreme court understood that, when the causal event happens in a non-working day -or a public holiday or day appointed as a non-business day in the calendar work, the purpose and the very essence of the permission to force you to have to start the next immediately following business day.