Holidays are a paid rest equivalent to 15 working days that are enjoyed after a full year of services at the worker’s orders. Taking a few days off is necessary and, in addition, a right that every worker who has a fixed-term or indefinite contract has. But there are some doubts that must be resolved, for example, if the employee is obliged to go on vacation.
Leonardo Mejía, an expert in labor matters of the firm Mejía López Estudio de Abogados, under article 187 of the Substantive Labor Code (CST), affirms that “the vacation season must be indicated by the employer no later than within the following year, and they must be conceived informally or at the request of the worker without harming the service and the effectiveness of the rest.”
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Similarly, Mejía states that theemployer must announce 15 days in advance the date on which he will grant the vacation to the employee.
“Thus, the worker cannot refuse if the employer grants them ex officio, as long as he notifies him at least 15 days in advance of the date on which he will go out to enjoy them. Otherwise, there is the possibility that the worker says: ‘no, sir, because you did not meet the minimum deadline established,'” says Mejía.
In addition, a number of professionals and experts who are acting as employers respond to elempleo.com their perceptions and ways of operating. María del Pilar Álvarez, Senior Consultant in Human Management, asserts thata worker can be forced to take vacations if he is about to turn one year, but the ideal is that the employee can organize and request them on the dates that best suit him.
“Some companies force their employees to leave to lower the liabilities of vacation days and for people to rest,” adds Álvarez.
For her part, Laura Carolina Laverde, master in project management, comments that thevacations could be paid to the employee if he does not want to enjoy them, but this depends on the policies of the company and not on a legal obligation. In our case,” he says, “it would only apply if you have three completed terms.”
Finally, Yeimmy Hernández, advisor in Human Resources, informs that they can force to take the vacations that are expired, by law it must be done. And he adds that when a person does not take vacations it can put at risk the proper functioning of the company. A human error due to exhaustion.