legal aspects concerning the Holidays
Concept break: holidays indicates a desire or need a rest to allow us to replenish our finding that makes a worker's right to comply with a year of continued work within the organization vacation or break established by the Labour Act
Article 219. When the worker reaches one (1) year of continuous work for an employer, you will enjoy a paid vacation period of fifteen (15) days. Subsequent years will also be entitled to one (1) additional day paid for each year of service up to a maximum of fifteen (15) days.
For the purposes of the grant of the day additional leave provided in this article, the service time starts to run from the date of enactment of this Act
accrued
Article 225. When the employment ends for reasons other than dismissal justified before the end of the year of service, whether the termination occurs during the first year or the following, the worker is entitled to be paid the equivalent of the remuneration was caused in relation to annual leave in accordance with the provisions of Articles 219 and 223 of this Act, in proportion to completed months of service during that year as the holiday installment payment that would have accrued. Vacation bonus
The vacation bonus is foreseen in the Labour Act as an amount of money a worker receives at retirement to enjoy the benefit of rental an amount equivalent to a minimum of seven (7) days' pay that will be increased for each year of employment up to a maximum of twenty (21) days
The conditions are for workers who serve two masters are contemplated by the Act will work in Article 227
Article 227. Receipt of annual leave paid the employee to provide services to two (2) or more employers, shall be granted to meet the year of uninterrupted service with the oldest relationship. Other employers should give the rest and pay the equivalent salary in proportion to completed months that had to serve each of them. In this case no such fraction shall be counted for the granting of the following holidays.
base salary for the calculation of holiday
Judges Jurisprudence Labour and Social Chamber of the Supreme Court has established that wages for vacation pay must be the bearing the worker at the time of the effective enjoyment rather than the salary of the month preceding the time at which the right, as provided partial reform of the Labor regulation published in the Official Gazette No. 38,426 of 28 / 04/2006. When it comes to workers whose wages is a piecework or commission, average wages earned in the 12 months prior to the date where the right of the holiday
From the moment of enjoyment of holiday work organic code states:
Article 229. The enjoyment of one (1) or two (2) annual leave may be postponed at the request of the worker to allow a build up to three (3) periods, when the purpose of such accumulation is convenient for the applicant.
Article 230. The time in which the employee must take annual leave shall be determined by agreement between the employee and the employer. If you do not reach an agreement, the Labour Inspector will make the determination. Annual leave can not be postponed beyond six (6) months from the date of his birth right, except in the case of cumulation provided for in the preceding article. Workers with family responsibilities take precedence to make your holiday match those of their children, according to the school calendar.
Article 231. During the holidays you can not understand the term of notice or the days when the worker is incapacitated for work.
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