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Here we look at everything about the holiday arrangements, to be: how long corresponds happens if the employer fails to grant, its accumulation, conditions for the enjoyment of them and their cash compensation among others.
The LCT in Article 150 stipulates that a worker shall have a minimum continuous period of paid annual leave from:
a. 14 calendar days if its age does not exceed 5 years. B.
21 consecutive days if its age is greater than 5 years but not exceeding 10. C.
28 days calendar if your age is above 10 years but not exceeding 20. D.
35 calendar days if your age is over 20 years.
To calculate the age for the purpose of vacation, seniority is calculated that the worker would be December 31 this year.
To be eligible to enjoy the holiday in the periods specified above, it is necessary to have work, least half the days of the calendar year, computing, for that purpose, those holidays where the employee served. Also, are also considered working days, those days in which the employee does not enjoy being served by a legal license or conventional, being affected by illness or accident the defendant or any other causes which are not attributable to it , according to art. LCT 152.
When the worker is eligible to enjoy the time limits set forth above, ie has not worked, at least half the days of the calendar year, will entitled to one (1) day off every twenty (20) days of actual work, where to post the actual days of work applies the same criteria above.
Licenses must begin on a Monday or the next business day if Monday is a holiday. This requirement applies to all workers regardless of their age.
While generally in practice the holiday period is usually coordinated with the employer, the law stipulates that it will decide the same and should 'notice of forty-five (45) days at least. And, the period enjoyment must be between 1 October and 30 April next year, unless the administrative authority, the nature of the activity, authorizes its execution at another time of year.
important thing to note is that you lose leave not enjoyed. The law expressly prohibits compensation because the purpose of these is that workers enjoy an annual period of paid leave and continued to preserve their mental and physical integrity. The only exception in terms of financial compensation is compensation for vacation not enjoyed due to the employee upon termination of the relationship, whatever the causal to the motive, which includes the salary for the period of rest corresponding proportion as the fraction of the year worked, not the total rental due, and that, precisely, vacation not enjoyed are lost.
For this, and to safeguard the integrity of the worker, the law empowers him to take vacation, reliable notification by, in case you have not been reported at the time of expiration of communication (45 days before April 30), so re-entering the employer's orders before 31 May.
Finally, some brief points:
Remuneration for vacation must be paid in advance, ie before the start of the enjoyment of them.
If both spouses are serving the same employer, it must provide both holidays together, provided this does not affect the normal development of the farm.
can only collect 1 / 3 of the previous holiday period, which is necessary for an agreement of willingness on both sides. This accumulation can be used to extend the term next vacation or special leave accumulated with, to be: the birth of children, marriage death of a spouse or partner, parents, siblings or children; study.
Source: http://www.laboralis.com.ar/
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