What happens if your boss won't approve your holidays in Spain?
In Spain, like most countries, you usually need to get your holiday dates pre-approved by your boss, but what happens if you can't get the time off that you want?
In Spain, workers are entitled to 30 days of holiday (or leave) a year.
It makes no difference whether the contract is permanent, temporary or even part-time. All employees in Spain are entitled to at least 30 calendar days for every year worked, as per Article 38 of Spain's Workers' Statute.
READ ALSO: What are my rights if I work extra hours in Spain?
Some Spaniards like to use them all up at once in August, whereas others decide to split them up and position them around public holidays and weekends to take advantage of Spain's many puentes (bridge) weekends throughout the year.
The exact details of your leave rights can depend on the collective bargaining agreement in your specific sector. In some, for example, the 30 days may be divided into two periods of 15 days and in others they may not.
Sometimes the period of leave is even fixed - for example from June to September - whereas for others, the holiday dates can be taken whenever. Again this depends on the specific collective bargaining agreement in each sector.
READ ALSO: Do I have to take most of my annual leave in August in Spain?
The basic legal rule is that each employee is entitled to 30 days (however they are configured or taken) and the days must be agreed between the company and the employee.
This does not mean that the boss can dictate which days are or aren't acceptable, nor can they compensate you in return for not taking some of your holiday days.
"There is an urban legend that is widely used in companies in which the employee decides when to take 15 days of holiday and the remaining 15 are decided by the company", Emilia Sánchez Quiles, labour law expert told Spanish website La Información.
However, in Spain, in most jobs, and like in most countries, you'll need to formally request your holiday dates and have them approved by your boss or HR department.
But what happens if your boss doesn't approve them? Is that legal in Spain, and what can you do?
Taking holidays
If you have requested specific holiday dates, say for a family get-together or wedding, but your boss declines them and you decide to go anyway, this could, depending on where you work, lead to an unauthorised absence, which could even get you the sack.
It could also be the case that instead of directly denying the holiday request, companies could just refuse to reply to them.
Therefore, it's always safer to follow the rules and formally request your holiday dates. Not only will this save your job, but having the documentary evidence (whatever the formal process or paperwork involves at your job) could also help you down the line in court, if it gets to that point. So make sure to do it properly and save the evidence.
So, if you have followed the formal procedure at your workplace and your boss has denied your holiday dates, what can you do?
Understanding your legal rights in Spain is important.
READ ALSO: Youth unemployment in Spain reaches all-time low
Your rights
If the company or employer denies your holiday dates, despite the fact that you are entitled to them, you should find out why. If there is a valid reason you may want to rethink, but if you have to take your holidays on certain dates, then take it up with the HR department and try and to find a solution.
If the company still refuses your request and you can't change your dates because of an important event such as a wedding, you can challenge the decision by filing a lawsuit directly with a Spanish labour court within 20 working days of the refusal. This means that you'll need to request the holidays well in advance.
These sorts of trials are often urgent, with both the company and the employee summoned to appear within five days. A judge will then decide whether the employee has holiday days accrued, has followed the correct procedures to request them, and whether the boss or company has valid reasons to deny them.
In labour disputes like this, a judge's ruling cannot be appealed or overturned. They are usually resolved within a month of the complaint.
No response
Sometimes, an employee formally requests their holidays but the boss or company don't respond to the request. This can make it difficult to prove in court that the holidays had been requested ahead of time, and, crucially, that they have been rejected, without a reply from the company.
However, in these sorts of labour disputes, Spanish law has established that if the company does not answer the request, neither to authorise nor reject it, then the lack of response can reasonably be understood as a tacit acceptance by the company.
This essentially means that if you have asked for certain holiday dates and the company has received the request through the formal procedure but not replied, then they are considered to have been approved.
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In Spain, workers are entitled to 30 days of holiday (or leave) a year.
It makes no difference whether the contract is permanent, temporary or even part-time. All employees in Spain are entitled to at least 30 calendar days for every year worked, as per Article 38 of Spain's Workers' Statute.
READ ALSO: What are my rights if I work extra hours in Spain?
Some Spaniards like to use them all up at once in August, whereas others decide to split them up and position them around public holidays and weekends to take advantage of Spain's many puentes (bridge) weekends throughout the year.
The exact details of your leave rights can depend on the collective bargaining agreement in your specific sector. In some, for example, the 30 days may be divided into two periods of 15 days and in others they may not.
Sometimes the period of leave is even fixed - for example from June to September - whereas for others, the holiday dates can be taken whenever. Again this depends on the specific collective bargaining agreement in each sector.
READ ALSO: Do I have to take most of my annual leave in August in Spain?
The basic legal rule is that each employee is entitled to 30 days (however they are configured or taken) and the days must be agreed between the company and the employee.
This does not mean that the boss can dictate which days are or aren't acceptable, nor can they compensate you in return for not taking some of your holiday days.
"There is an urban legend that is widely used in companies in which the employee decides when to take 15 days of holiday and the remaining 15 are decided by the company", Emilia Sánchez Quiles, labour law expert told Spanish website La Información.
However, in Spain, in most jobs, and like in most countries, you'll need to formally request your holiday dates and have them approved by your boss or HR department.
But what happens if your boss doesn't approve them? Is that legal in Spain, and what can you do?
Taking holidays
If you have requested specific holiday dates, say for a family get-together or wedding, but your boss declines them and you decide to go anyway, this could, depending on where you work, lead to an unauthorised absence, which could even get you the sack.
It could also be the case that instead of directly denying the holiday request, companies could just refuse to reply to them.
Therefore, it's always safer to follow the rules and formally request your holiday dates. Not only will this save your job, but having the documentary evidence (whatever the formal process or paperwork involves at your job) could also help you down the line in court, if it gets to that point. So make sure to do it properly and save the evidence.
So, if you have followed the formal procedure at your workplace and your boss has denied your holiday dates, what can you do?
Understanding your legal rights in Spain is important.
READ ALSO: Youth unemployment in Spain reaches all-time low
Your rights
If the company or employer denies your holiday dates, despite the fact that you are entitled to them, you should find out why. If there is a valid reason you may want to rethink, but if you have to take your holidays on certain dates, then take it up with the HR department and try and to find a solution.
If the company still refuses your request and you can't change your dates because of an important event such as a wedding, you can challenge the decision by filing a lawsuit directly with a Spanish labour court within 20 working days of the refusal. This means that you'll need to request the holidays well in advance.
These sorts of trials are often urgent, with both the company and the employee summoned to appear within five days. A judge will then decide whether the employee has holiday days accrued, has followed the correct procedures to request them, and whether the boss or company has valid reasons to deny them.
In labour disputes like this, a judge's ruling cannot be appealed or overturned. They are usually resolved within a month of the complaint.
No response
Sometimes, an employee formally requests their holidays but the boss or company don't respond to the request. This can make it difficult to prove in court that the holidays had been requested ahead of time, and, crucially, that they have been rejected, without a reply from the company.
However, in these sorts of labour disputes, Spanish law has established that if the company does not answer the request, neither to authorise nor reject it, then the lack of response can reasonably be understood as a tacit acceptance by the company.
This essentially means that if you have asked for certain holiday dates and the company has received the request through the formal procedure but not replied, then they are considered to have been approved.
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