Spanish court upholds dismissal of employee who took 17 extra days' holiday without permission

According to the ruling, the defendant company, which carries out carpentry work, drew up an annual schedule setting out the collective holiday periods for the entire workforce. All employees were familiar with the document.

According to the ruling, in 2025 the summer holidays were set for 7 to 18 July and 18 to 29 August. However, the claimant travelled to Ecuador from 8 July to 11 August.

On 22 July, the company initiated disciplinary proceedings. The holiday period ended without the employee having returned to work.

The company, which claims it tried unsuccessfully to contact him, said that it had suffered "organisational and financial losses" as a result of his absence, as it was forced to suspend and turn down work and commissions.

The employee claimed to have agreed with his manager to take holiday from 7 July to 12 August. However, there is no evidence, as per what the court has said, to substantiate this authorisation.

According to the TSJN, the sanction of dismissal is proportionate, as the collective agreement classifies unauthorised absence for more than three days in a month as a very serious offence. In this case the absence lasted 17 days.

The ruling states that the worker's length of service and the absence of previous disciplinary measures do not justify a lesser penalty, given the damage caused and the seriousness of the offence.

The former worker may appeal the ruling to the Supreme Court.

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