How to request the
holidays?
According
to the internal policy of the company, all vacation requests must be made
through the M4.
As
the M4 will not send a confirmation of the vacation request, we advise that at
the same time you send an email to the person responsible for the approval of
the organization of the vacation indicating that a vacation request has been
delivered in the M4 from that date to that date and request that the person
respond within the following seven days at the latest. In this way, there is
documentation about the request and when it is done.
We
must remember that the enjoyment of vacations always must be by mutual
agreement, not only according to our agreement, but also according to the
workers' statute. As the M4 will send the approval or denial of vacation
requests without indications about the content, we advise that you always ask
for a confirmation by email with the information about what has been approved
or denied so that there is proof in writing and that there are no doubts.
How to cancel the request?
As
the enjoyment of the holidays must be by mutual agreement, the same applies in
case of cancellation. The cancellation must be done through the M4 page and the
company has to approve the cancellation.
As
the M4 page will not send a confirmation of the cancellation of the vacation,
we advise that at the same time you send an email to the person responsible for
the approval of the organization of the vacation indicating that a request for
cancellation of the vacation has been submitted in M4 from that date to that
date and request that the person respond within the next seven days at the
latest. In this way, there is documentation on the cancellation request and
when it is done.
As
the M4 will send the approval or denial of vacation cancellation requests
without indications about the content, we advise that you always ask for a
confirmation by email with the information about what has been approved or
denied so that there is proof in written and that there are no doubts.
How to contest if the
company denies the request?
The
law explains how and when the decision to deny the company of vacation requests
can be challenged. The process is the same if the company will assign vacations
with a minimum of two months’ notice and if the employee does not agree with
this assignment.
Law
36/2011, of October 10, regulating social jurisdiction, CHAPTER V. Holidays,
art. 125:
Article
125. Fixing of vacations.
The
procedure for the individual or plural setting of the date of enjoyment of the
vacation will be governed by the following rules:
a)
When the date is specified in a collective agreement, or by agreement between
the employer and the workers' representatives, or has been set unilaterally by
the former, the worker will have a period of twenty days, from the date on
which he or she is aware of said date, to present the demand in the Social
Court.
b)
When the date of enjoyment of the vacation is not indicated, the claim must be
submitted at least two months before the date of enjoyment intended by the
worker.
c)
If, once the process has started, the dates of enjoyment are set in accordance
with the provisions of article 38 of the Consolidated Text of the Workers'
Statute Law, the continuation of the procedure will not be interrupted.
d)
When the object of the debate is about preferences attributed to certain
workers, they must also be sued.
Article
126 explains the preference of the challenge.
Here
is the link to read the articles in BOE, the official website of the Spanish
state:
https://www.boe.es/buscar/act.php?id=BOE-A-2011-15936&p=20200923&tn=1#a125
Good cause for denial -
who decides if cause is justified?
The internal policy of the
company
Among
other things, the company's internal policy includes the following:
All
vacations must be requested through the Meta 4 employee portal at least two
weeks in advance, preferably four weeks.
The
person responsible for managing vacations must approve or deny them within a
maximum period of 7 calendar days. If no response is received within this
period, the worker must send a reminder email to the person in charge of this
organization. If there is no response within 24 working hours, the holidays
will be considered accepted.
Each
project must agree on a clear criterion to determine the order of acceptance of
the holidays and how many people could coincide at the same time in a period.
This criterion must be published to the project or team so that they are aware
of it.
In
case of denying the vacation, the person in charge should provide a reasonable
cause to the worker.
Here
the link to the entire document:
https://webhelpgroup.sharepoint.com/sites/wise-countries/wh-sp/Dpts%20Documents/HR/Administration/Normativas/N-09-202-%20Normativa%20de%20Vacaciones%20y%20d%C3%ADas%20de%20compensaci%C3%B3n.pdf
The statute of workers.
Article
38. Annual vacations.
1.
The period of paid annual leave, not replaceable by financial compensation,
will be the one agreed in the collective agreement or individual contract. In
no case will the duration be less than thirty calendar days.
2.
The period or periods of their enjoyment will be fixed by common agreement
between the employer and the worker, in accordance with the provisions, where
appropriate, in the collective agreements on annual vacation planning.
In
case of disagreement between the parties, the social jurisdiction will set the
corresponding date for the enjoyment and its decision will be irrevocable. The
proceedings shall be summary and preferred.
3.
The vacation schedule will be fixed in each company. The worker will know the
dates that correspond to him two months before, at least, the beginning of the
enjoyment.
When
the vacation period set in the company vacation calendar referred to in the
previous paragraph coincides in time with a temporary disability derived from
pregnancy, childbirth or natural breastfeeding or with the period of suspension
of the planned employment contract In sections 4, 5 and 7 of article 48, you
will have the right to enjoy holidays on a date other than that of temporary
disability or that of the enjoyment of the leave that corresponds to the
application of said precept, at the end of the suspension period, even if the
calendar year to which they correspond has ended.
If
the vacation period coincides with a temporary disability due to contingencies
other than those indicated in the previous paragraph that makes it impossible
for the worker to enjoy them, totally or partially, during the calendar year to
which they correspond, the worker may do so once his / her term ends.
disability and provided that no more than eighteen months have elapsed from the
end of the year in which they originated.
Here
is the link to the BOE article, the official page of the Spanish state:
https://www.boe.es/buscar/act.php?id=BOE-A-2015-11430&p=20200923&tn=1#a38
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