However, there are some guidelines that can make things easier when organizing holidays for SMEs , regardless of the time of year.
The legal basis for vacations, key to start organizing them
The first thing to consider when managing holidays in SMEs is the legal basis that regulates them. In this way, errors due to misinterpretations of the law and regulations that are usually applied in companies but are not the ones that should regulate holidays are avoided.
The legal mechanisms that cover the organization of vacations are:
The Workers' Statute, in its article 38.
The collective agreement , applicable in transportation email list each company.
The collective agreement may add rights to those set out in article 38 of the Workers' Statute , but never subtract them in any way. This article states the following:
The period of paid annual leave, which cannot be replaced by financial compensation, will be that agreed in a collective agreement or individual contract. In no case will the duration be less than thirty calendar days.
The period or periods of enjoyment of the leave shall be set by mutual agreement between the employer and the employee, in accordance with the provisions of the collective agreements on annual planning of the leave. In the event of disagreement between the parties, the competent jurisdiction shall set the date for the enjoyment of the leave and its decision shall be final. The procedure shall be summary and preferential.
The holiday schedule will be set by each company. The employee will be informed of the dates corresponding to him at least two months before the start of the holiday.
