‘It’s queso manchego that has kept me here’

In the latest installment of My Spanish Career, The Local meets Lance Tooks, a writer and illustrator of graphic novels and a resident of Madrid's Barrio de Las Letras who is keeping the storytelling tradition alive.

'It's queso manchego that has kept me here'
Lance Tooks has written whole works in Madrid bars
A former assistant editor at Marvel Comics, his artwork has since appeared in more than 100 television commercials, films and music videos and he has worked with Lucasfilm and Pepsi Cola, Madonna, Bill Cosby, Spike Lee & the Red Hot Chili Peppers to name but a few.
What brought you to Spain?
Comics brought me here… I've attended conventions in Barcelona, Madrid and Granada… but it's queso manchego that has kept me here for over a decade. I was born in Brooklyn and have only lived in two cities (NY & Madrid) in my entire life.
What do you do? 
I write and illustrate Graphic Novels for a living, and I'm a 30+ year veteran freelance cartoonist/animator. I always had a comfortable studio workspace back home, but my modest space in central Madrid, though relatively inexpensive is a bit too cramped to create in… my solution has been to take to the streets. I love drawing in bars and have written and illustrated entire works in them, driven by the energy of Spanish nightlife and friendly bar service within reach. All of Madrid is my studio now!(Cue maniacal laughter!)
How great are comic festivals in Spain?
I don't know that they're particularly "great" anywhere… I see them primarily as places to promote my work, and as such I suppose they're vital for my survival. I enjoy seeing the work of other artists there, and they're good for meeting publishers, fans and fellow creative folk. They usually last for more than one day though, and I can only take a few hours of them at best.
How interested are people in what you do?
I have the unique privilege of being completely unknown in every country in the civilized world! Through some strange jerk of fate, however, I've managed to jump without predestination from one job to the next for decades, like a frog on a string of lilypads. I've won awards, recieved adoring fanmail and exhibited in galleries here, in London and New York.
What inspires you?
I'm proud to carry on a family tradition of storytelling. My father was a multi-talented artist and inspired his children to pursue careers in the arts. My greatest reward comes when I have completed a project, and hold the finished book in hand. Anything else, including money, is incidental.
How is your career developing in Spain?
I've been here long enough that when I go back home to promote my work, they can advertise it as "a rare New York appearance," but in general I'm way too detached from the marketplace to know the answer to that. As I get older, I'm finding I've less stamina for the ratrace, but I've still got a few dirty tricks left up my sleeve! Just watch me!

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Do I have to take most of my annual leave in August in Spain?

Many Spanish companies still expect their workers to take their holidays at specific times of the year, primarily in August, right in the height of summer when many hotels are fully booked. So what are your rights, are you obliged to take your vacation in one particular month?

Do I have to take most of my annual leave in August in Spain?

While it’s your right as an employee to be able to take holiday days, do you have to take them when your company wants you to take them, or are you able to choose and have more flexibility?

Despite August being one of the hottest months in Spain and the one month of the year when many official companies and offices shut up shop, not everyone necessarily wants to take their break at the same time as everyone else.

Taking your holidays in August means less availability in hotels, overcrowding and more expensive transport and accommodation. If you don’t have children who are off from school during the summer months, then you may wish to take your vacation days at another time of the year, when it’s less busy and cheaper.

To answer the question it’s important to know the details about what the law says about how paid time off is taken, requested, imposed, or granted.

What laws or regulations dictate the rules about paid holiday time?

There are three different sets of rules and regulations, which are responsible for regulating the laws on vacation time in Spain. 

Firstly, you need to look at the Spanish Workers’ Statute, which includes rights, duties and obligations applicable to all salaried workers in Spain.

Secondly, you need to be aware of the collective sector and/or company agreements, which may dictate the rules for a particular industry for example.

Thirdly, you need to look at the contract, which you signed with your employer when you started working for them. This sets out your individual circumstances and the rules you must abide by.   

Workers Statute

As a general rule, all employees are subject to the Workers’ Statute. Holidays are part of this and are the subject of article 38. These conditions can never be contradicted by individual companies and are set as a guaranteed minimum. 

The minimum number of holidays in Spain is 30 calendar days per year. This equals two and a half days per month worked, in the case of temporary contracts. The statute states that vacations must be taken between January 1st and December 31st in separate periods, but one of them must be for at least two weeks. They are always paid and cannot be exchanged for financial compensation.

The period when you can take them is set by a common agreement between the employer and the worker, in accordance with what is established in the collective agreements on annual vacation planning. If there is disagreement, the social jurisdiction is resorted to.

At a minimum, the company must offer vacation days at least two months before the beginning of the holiday period, so that the employee has time to organise and book.   

When the planned time to take vacations coincides with a temporary disability, pregnancy, or childbirth, you have the right to enjoy the vacations at another time, even after the calendar year is over.

Collective agreements on vacations  

Your sector’s collective agreements may also help to answer this question. These aim to improve upon the basic and general rights that are included in the Workers’ Statute. They seek to adapt the rules to each type of industry or company. They could, for example, set out extra vacation days, which are greater than the standard 30 calendar days. 

You will need to find out what your specific sector or company’s collective agreement is. There is a possibility that your sector or company has mandatory summer vacations for the month of August and in that case, you can choose vacation dates, but only within this month.

Your work contract 

Lastly, you will need to consult your individual contract which you signed with the company when you were hired.  As well as the minimum conditions set out in the Workers’ Statute, your contract sets out your particular agreement with your employer in terms of holiday duration, the work calendar and other details.

Therefore, you should state in your contract whether you have to take your holidays during August, or if you’re free to take them at other times of the year.

If after consulting these three sets of regulations and there are still in doubt or in disagreement with your company about vacations, such as having to take them during the month of August, you should consult a lawyer specialising in labor law. They should be able to give you an answer specific to your situation.  

Can I appeal or disagree and what are the consequences? 

To appeal or express disagreement with what is proposed by the company, there is a period of 20 business days from when the vacation schedule is sent out, after which time you don’t have the right to show that you disagree.  

Companies can proceed to disciplinary dismissals due to abandonment of the job if you decide to take vacations that have not been granted or agreed upon with your employer. To avoid this type of problem, always make sure you have a record in writing of your request for vacation time and subsequent approval by the company.