Payment for vacations not taken
Vacations are a right and an obligation of the workers but for different reasons, sometimes, they voluntarily prefer not to enjoy them. What happens in these cases? How should the company respond? What are the options for the worker? Is it possible to calculate the vacations not enjoyed to collect them? Is there specific software for the control of vacations that help in this sense? Read on and we will explain it to you.
It is mandatory for both parties and it must be made clear in the contracts which collective agreement the company is covered by (since it does not have to be the same for all). Thus, the employee will be able to consult what their specific conditions are and if, for example, they can enjoy more vacation days or not.
It is clear, therefore, that rest days cannot be exchanged for money and the employee is obliged to take them. However, there are three exceptions in which employees’ vacations must be settled. They are as follows:
How are vacations paid in Colombia 2020?
/categories/professional-advice/accumulated-vacations, can I pay them? El Empleo NoticiasCESHORFriday, March 16, 2018 6 p. m.Tuesday, July 3, 2018 0 p. m.Learn how this practice works in Costa Rican law.Professional tips / March 16, 2018Vacations provide the worker a break for physical and mental rest and to share with his family that time off. Photo:123rf.com
Prior to answering this question, let’s remember some basic concepts regarding the subject. The right to paid vacations is established in the Political Constitution of Costa Rica, specifically in Article 59. Likewise, Article 153 of the Labor Code establishes that all those employees of a company who have completed fifty weeks of continuous work for the company are entitled to paid annual vacations.
The purpose of this restriction is to ensure that the benefit is effectively enjoyed and thus ensure that the employee can regain strength and increase his performance upon returning from the rest period. Judicial criteria have established that the vacation period is granted to workers with a prophylactic purpose, whose purpose is to provide the worker a break for his physical and mental rest and to share with his family that free time, after having worked continuously for a period of 50 weeks.
Vacation paid in money and not taken
There are special cases for taking vacations, for example, in the case of professionals and assistants who render their services in private entities, dedicated to the fight against tuberculosis, and those who work in the application of X-rays; these two groups are entitled to enjoy 15 days of paid vacations for every 6 months in which they render their services.
It should be clarified that the vacations correspond to 15 working days depending on the days they must work; that is to say that if they work during the week, their vacations only count as weekdays; if on the contrary, they also work on Saturdays, Saturday is also a vacation day, at the time they start to enjoy them.
As the Law states, vacations must be paid as salary, so on this payment must be made the discounts and provisions that are mandatory or necessary by Law, i.e. social security contributions, both in the part to be assumed by the employee and the part to be assumed by the employer.
Vacations are paid separately from salary
How is the special vacation remuneration calculated? Very easy! According to Art. 155 of the Labor Contracts Law, the remuneration that the employee receives during the vacation period is calculated by dividing by 25 the monthly salary received at the time the vacation is granted, and then multiplying it by the number of days to be taken (14, 21, 28, etc.).
The fact of dividing the salary by 25 instead of 30, which is how the value of the salary per day is normally calculated, means that workers receive “a little bit more” per day for their vacations than what they normally receive, which is called “vacation bonus”.
What happens if the Monday when my vacation starts is a holiday? Vacations can never start on a non-working day, so if the day the vacation should start is a holiday, it will start on the next working day. For example, let’s say your idea is to take them during the first week of March. Monday 4 and Tuesday 5 are “carnival” holidays, so your “two weeks” would start on Wednesday 6, then you would resume your activities on the 20th, which falls on Wednesday, too.