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With around 2.2 million workers including still at a record regulation of temporary employment (ERTE), arise many questions about how it affects the holidays, or overtime payments. In addition, the ERTE due to force majeure associated with the Covid be extended until the 30th of September. In this situation, that will be in effect during the summer months, we review the different ins and outs of legal in connection with the enjoyment of the holiday for the workers concerned.
How is done the calculation of holidays for the workers included in a STRONG suspension of contract?
workers with the suspension of contract does not generate days of vacation or by the proportional part corresponding to extraordinary payments. As explained by the partner and the director of the department of Labour Law and Social Security in dPG Legal, Jesus Easter, there is that “the deduction in those days, for the calculation of the holiday or pay for extras”. “That is to say, if we have the right to 2.5 days of vacation per month worked and has affected me a ERTE for two months, 30 days that I would accrue throughout the year, it would 25”, specifies Pascal. However, the attorney for dPG Legal ensures that a large part of companies are enhancing the practical implications of the STRONG and in these cases, we are not subtracting vacation days.
And how it affects this calculation to the STRONG reduction of the working day?
The workers will have the same vacation days and accrual days is not modified. “However, the compensation for vacation will be proportionate to the time worked, so the payroll of the vacation will be lower than usual. This payroll will be calculated in proportion to the days and day worked. There will, therefore, to calculate a period of time without reduction and another period with a reduction of the working day”, Jesus warns Pascual.
What happens if my company applies a FATE while I’m enjoying my vacation?
In this course, the holidays would be automatically interrupted and only would count as days consumed the previous record of suspension, as the days take on the ERTE shall not be considered days of rest, says Pascual.
If my company applies a STRONG reduction of the working day while I am on vacation, do I have the right to accumulate that cut time to turn around and catch him in the days of libranza?
“No, the compensation will be made in the remuneration of the period of enjoyment of holiday,” he answers with a partner and the director of the department of Labour Law and Social Security in dPG Legal
How does it affect the shifts of the templates on ERTE that other companions to go on vacation?
In principle, it should not affect too much the FATE, because, according to rercuerda Pascual, the workers “must follow by keeping the breaks between days established in the law.” In addition, the company must be considered that all the workers take furlough days that correspond to the natural year. If the FATE is kept until December, the company should disturb the FATE during the corresponding period of holidays and to pay the appropriate wage.
do you reincoporarse a worker in ERTE that you have booked a hotel or apartment in that time?
“In the case of ERTE suspension, nothing prevents the worker to use the time to travel or go to the beach if the phase of desescalada in which it is located permits. But at that time, the company may apply for reinstatement to his position. If the worker refuses to return, the company could proceed to dismiss the employee by a dismissal known as disciplinary,” says the founding partner of Valio Consulting, Yannick Charton.
When it comes to situations of STRONG reduction of the working day, workers have the right to enjoy their holiday also made, while the company is maintained in this situation.
How do you calculate the amount of pay an extraordinary summer in the case of ERTE?
“As previously indicated, to be in suspense the contract during the ERTE, does not generate bonuses, so that, in the summer, it will be calculated proportionally to the time worked,” says Jesus of Easter.