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JOBS

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?

beach in Benidorm
Do I have to take my holidays in August? Photo: JOSE JORDAN / STR / AFP

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.

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For members

WORKING IN SPAIN

NEW LAWS: How it’s now easier for foreigners to work in Spain

Spain has amended its immigration laws to make it easier for non-EU citizens (UK nationals, Americans etc) to work in the country in a bid to address some of its most pressing labour shortages. Here are the changes, the reasons why they’re being introduced and more.

NEW LAWS: How it's now easier for foreigners to work in Spain

What are the new changes in a nutshell?

The Spanish government has amended its laws relating to the rights and freedoms of non-EU foreigners in the country, as a means of resolving the bureaucratic obstacles which often prevent Spain from using its migrant population to cover labour shortages.

There are three main changes: 

  • Undocumented third-country nationals who have lived in Spain for two years or more can seek temporary residency papers.
  • Non-EU students will be able to work up to 30 hours a week while studying, and to start work in Spain at the end of their studies.
  • Non-EU nationals will be able to obtain a work visa to come to Spain more easily and take up jobs in areas facing labour shortages i.e. tourism, construction, agriculture.

Why is the Spanish government introducing these changes?

Spain may have the highest unemployment rate in the EU (around 13 percent, just under 3 million people) but it is also struggling to cover thousands of job positions.

This paradoxical situation is down to a combination of factors, not least the low wages and unstable working conditions that are pervasive in Spain’s labour market. 

READ MORE: 

Couple that with an inflexible bureaucratic system which is counterproductive to Spain’s economy and labour market and you have a situation where Spaniards would rather pass on exploitative jobs and stay at home, and foreigners who are eager to work regardless of the poor conditions/pay cannot because the law won’t allow them to.

If we take a closer look at the three main changes listed above:

Undocumented migrants in Spain, those who arrive in the country without first applying for a residency or work permit, have up to now found themselves trapped in a situation where for years they can’t apply for jobs with social security and other workers’ rights, leaving them with little option but to work in the black. 

Third-country higher education students in Spain who completed a degree, Masters or Phd up to now didn’t have their residency in Spain guaranteed after completing their studies, having to instead apply for residency and renew their permit regularly, contributing to a brain drain of talent that Spain trained and then didn’t harness. Those on student visas could also only work a maximum of 20 hours a week previously.

And as for non-EU people applying for a work visa in Spain, up to now the only way for third-country nationals to be hired from overseas for a contract job was if employers could not find an EU candidate for the position or if the job was on Spain’s shortage occupation list, which is made up almost entirely by jobs in the maritime and shipping industry. In reality, there are many industries that are central to Spain’s economy that are struggling to find workers.

The Spanish government has finally realised how these inflexible laws are proving extremely damaging to its economy at a time when employers are struggling to find tens of thousands of workers for the tourism, construction and agriculture industries. 

According to Spain’s Social Security Minister José Luis Escrivá, the measures will “improve the Spanish migratory model and its procedures, which are often slow and unsuitable”, admitting that they have “high social and economic costs for Spain”.

When will these new laws come into force?

Although the new laws were published in Spain’s state bulletin (BOE) on Wednesday July 27th, the legislation is set to come into force on August 15th 2022.  

Is there anything else I should know?

When it comes to Spanish politics, what Spain says it will do and then actually does are often two very different things. 

Take for example the alleged streamlining of degree validation for highly-skilled professionals such as non-EU doctors, dentists, engineers and other regulated professions, known in Spain as homologación

People in Spain with non-EU qualifications are currently having to wait two, three, four or even more years for Spain’s bureaucratic labyrinth to get round to validating their qualifications, even though the legal deadline is just six months and there are huge shortages in their expert fields. 

New decrees have promised to address the hold-ups but in reality nothing has changed. A lawyer specialising in helping foreigners with the homologación process told The Local that “unless Spain allocates more budget to employ more competent civil servants to address the problem, nothing will change”. 

However, the latest law change is overall good news for all non-EU foreigners who wish to move to Spain for work in the hospitality and tourism sector, construction or agriculture, including UK nationals, Americans, Australians, South Africans and any other third-country nationals.

The process for applying for a work permit should be considerably easier, but they should not forget that Spain is a country with wages that are lower than other countries in Western Europe and that it doesn’t have a good reputation in terms of work conditions. 

Therefore, their reasons for moving to Spain shouldn’t just be for a job, as this is a country which excels in many other fields (quality of life, weather, culture, people, nature) but generally not work.

READ MORE: The downsides of moving to Spain for work

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