LABOR LAW: An analysis of the use of vacations.

The management of work holidays represents a fundamental aspect within the human resources administration of any company. This right, established by law, not only protects the worker's well-being, allowing them time for rest and recovery, but also benefits the organization by providing more rested, motivated and productive employees. For these reasons, it is essential that they understand the importance of this right and manage it appropriately, ensuring compliance with regulations and promoting a positive work environment.

The right to vacation is a labor prerogative that allows the worker to abstain from providing services for a certain period, with the primary objective of resting both physically and mentally, facilitating the recovery of energy expended throughout work activity. This rest period must be paid, under mandatory legal provisions.

The granting of vacations becomes effective once the worker has completed one year of seniority in his or her job. The scheduling of this rest period must be carried out in accordance with the shift role established by the employer, who is obliged to adequately prepare and notify said role.

It is important to note that financial compensation in lieu of vacation time is not permitted, except in the event that the employment relationship is broken. In such event, the corresponding payment of the consolidated vacations must be made and, if applicable, the twelfths corresponding to the vacation period of the current year.

In general, the accumulation of vacation periods is not feasible, except in specific circumstances such as: the prohibition by the employer of taking vacations; the existence of a mutual agreement between the parties; the omission in the preparation of the shift role by the employer; or the lack of notification to the worker regarding the aforementioned role.

Exceptionally, through a written request, the worker may request the division of his vacation, which may be divided into no more than three periods during a management period. Additionally, the worker can request to enjoy his vacation in half workdays, a modality that, in its entirety, must not exceed five business days.

To properly manage vacations, it is essential that, when preparing the shift role, coordination is done with the workers to ensure effective enjoyment of them within specific periods of the current management. Likewise, it is recommended that companies adopt a labor scheme that encourages each worker to enjoy vacations in order to avoid their accumulation and financial compensation in cases where there is a break in the employment relationship.

Víctor Manuel Vásquez Alfaro
Litigation and Corporate Lawyer