The staff holiday map must be made and posted by 15 April 2023. On this map, the dates on which the employee begins and ends his vacation must be written.
Holiday maps must be displayed visibly and accessible to all employees between April 15 and October 31 of each year.
Length of holiday period
As a rule, the legislation states that workers are entitled to 22 days of vacation per year (depending on the collective bargaining agreement applied). When booking holidays, the employer must guarantee at least 10 consecutive working days. The remaining days can be marked interpolated, provided that the worker agrees.
Workers are also entitled to holiday allowance equal to the monthly salary, which must be paid before the start of the longer period of leave.
Booking a vacation when there is no agreement
Vacation days must be agreed between the employer and the worker. In the absence of agreement, it is the employer who is entitled to schedule the days of vacation, hearing for this purpose the workers' committee or, failing that, the inter-union committee or the trade union committee representing the worker concerned.
If it is a small, medium or large company, the vacation defined by the employer, when there is no agreement, must be between May 1 and October 31. However, if the collective labour regulation instrument or the opinion of workers' representatives so permits, the holidays may take place at a different time.
For microenterprises (up to 9 workers), in the absence of agreement, vacations can be scheduled at any time of the year.
Year of admission
In the year of admission, the worker is entitled to 2 working days of vacation for each month of duration of the contract, up to 20 days. The enjoyment of them has to be done after 6 full months of work. If the calendar year ends before these 6 months, the holidays can be taken until June 30 of the following year.
Deadline for taking the holidays
Holidays may be taken until 30 April of the following calendar year.
Termination of contract
The worker who does not enjoy them until the moment of termination of the employment contract must be compensated.
Therefore, the worker is entitled to the holiday allowance and to the remuneration of the expired and untaken holidays, as well as to the proportional holidays due in the year in which the link with the company ends.
Unjustified absences and discount of vacation days
Part of the unjustified absences from work can be discounted on vacation. However, the discount of vacation days cannot imply the enjoyment of less than 20 days of vacation in a year (Articles 257 and 238 of the Labour Code).
For more information on this matter contact our Human Resources department here.