Employment lawyer advises workers in Spain about summer holiday rights

Summer is coming and so is the holiday period for millions of people in Spain. The Workers' Statute establishes that these must be at least 30 calendar days a year. These periods may also be defined by collective agreement.

It is common to hear many employees say that they have some fixed holiday period at the company's request to adjust to slower periods.

However, this statement is a myth that many have taken for granted. Labour lawyer Juanma Lorente spoke about this last summer, coinciding with the most popular time of year for employees to take holidays.

"Holidays are agreed between the company and the worker, and because of the system your company cannot decide when you are going to enjoy them," advises the lawyer.

This is why Lorente insists on the idea of "consensus" between both parties and, therefore, they must be agreed "half and half". If this is the case, all will be well.

"If it is not an agreement and is just an imposition, it is violating what the workers' statute says," he stresses. Lorente also recommends that workers who have experienced this problem get advice because there is little time: "You only have 20 working days to make a claim and take the matter to court."

Workers, in addition to the right to agree on their summer holidays, also have the right to know when they will take them a certain amount of time in advance.

This is also determined by the Workers' Statute, which states in Article 38 that "the worker will know the dates at least two months before the start of the period of leave".