No estoy de acuerdo con la fecha de vacaciones fijada por mi empresa ¿qué puedo hacer?
Tal como establece el artículo 38 del Texto Refundido de la Ley del Estatuto de los Trabajadores, aprobado por Real Decreto Legislativo 1/1995, de 24 de Marzo (B.O.E. del 29 de marzo), el período de vacaciones anuales retribuidas, no sustituible por compensación económica, será el pactado en convenio colectivo o contrato individual. Su duración nunca será inferior a treinta días naturales.
El período o períodos de su disfrute se fijará de común acuerdo entre el empresario y el trabajador, de conformidad con lo establecido en su caso en los Convenios Colectivos sobre planificación anual de las vacaciones. El calendario de vacaciones se fijará en cada empresa. El trabajador conocerá las fechas que le correspondan dos meses antes, al menos, del comienzo del disfrute.
Cuando el período de vacaciones fijado en el calendario coincida en el tiempo con una incapacidad temporal derivada del embarazo, el parto o la lactancia natural o con el período de suspensión del contrato de trabajo por maternidad o paternidad, se tendrá derecho a disfrutar las vacaciones en fecha distinta, al finalizar el período de suspensión, aunque haya terminado el año natural a que correspondan.
La Ley 3/2012, de 6 de julio, de medidas urgentes para la reforma del mercado laboral ha añadido una previsión adicional para el supuesto de que el período de vacaciones coincida con una incapacidad temporal por contingencias distintas a las anteriores que imposibilite al trabajador disfrutarlas, total o parcialmente, durante el año natural a que corresponden, estableciendo que el trabajador podrá hacerlo una vez finalice su incapacidad y siempre que no hayan transcurrido más de dieciocho meses a partir del final del año en que se hayan originado.
En caso de desacuerdo entre las partes en la fijación de las fechas de disfrute de las vacaciones la jurisdicción del orden social las fijará, conforme a la modalidad procesal establecida en los artículos 125 y 126 del la Ley 36/2011 Reguladora de la Jurisdicción Social. El procedimiento será urgente y se le dará tramitación preferente; la decisión no será recurrible.
Sin perjuicio de ello, la transgresión empresarial de las normas y los límites legales o pactados en materia de vacaciones constituye infracción grave en materia de relaciones laborales sancionable por la Autoridad laboral a propuesta de la Inspección de Trabajo y Seguridad Social.
I enjoy you because of your own efforts on this website. My mother enjoys getting into investigation and it’s really easy to understand why. Most of us know all regarding the dynamic tactic you provide precious techniques on your blog and as well strongly encourage response from visitors on the idea then our child is actually learning a lot of things. Have fun with the rest of the new year. You’re carrying out a powerful job.
I wish to express my thanks to this writer just for rescuing me from this particular instance. Right after searching through the online world and finding notions which were not beneficial, I figured my life was done. Existing devoid of the strategies to the issues you’ve fixed by means of your main report is a serious case, and ones that could have badly affected my entire career if I hadn’t come across your blog. That know-how and kindness in maneuvering almost everything was crucial. I’m not sure what I would’ve done if I had not come upon such a stuff like this. I am able to now look forward to my future. Thanks so much for your reliable and sensible guide. I won’t think twice to refer your web site to any individual who would like guidelines about this topic.
My wife and i were so cheerful when Edward could deal with his inquiry by way of the ideas he got through the blog. It is now and again perplexing to simply always be giving freely secrets which usually others may have been selling. So we fully understand we need the website owner to give thanks to for this. Most of the explanations you’ve made, the straightforward blog navigation, the friendships your site help to engender – it is everything incredible, and it’s really leading our son in addition to the family recognize that that article is exciting, which is really mandatory. Many thanks for the whole lot!
I really wanted to make a simple note in order to express gratitude to you for the lovely guidelines you are posting at this website. My long internet look up has at the end been rewarded with extremely good information to exchange with my classmates and friends. I ‘d claim that many of us site visitors actually are very blessed to live in a fine network with many outstanding individuals with good principles. I feel quite privileged to have used the weblog and look forward to plenty of more exciting minutes reading here. Thanks a lot once more for everything.
I wish to get across my respect for your kindness supporting women who require help on your issue. Your special commitment to getting the solution all-around has been rather advantageous and have truly helped people just like me to get to their objectives. Your interesting tips and hints implies this much to me and substantially more to my colleagues. Many thanks; from all of us.
I’m commenting to let you be aware of of the useful discovery my wife’s child obtained checking your web page. She came to understand plenty of pieces, most notably how it is like to have an awesome giving heart to make a number of people with no trouble understand chosen tortuous topics. You truly did more than people’s expectations. Thank you for producing such precious, trusted, explanatory as well as unique thoughts on that topic to Lizeth.
I and also my buddies were studying the excellent ideas from the blog while immediately I had a horrible feeling I had not thanked the site owner for those tips. Most of the ladies are actually passionate to read through them and have now without a doubt been making the most of these things. Appreciation for getting very kind and then for making a choice on this kind of remarkable useful guides most people are really desperate to learn about. My personal honest apologies for not saying thanks to you earlier.
My spouse and i ended up being very thrilled Jordan could deal with his analysis by way of the ideas he got in your web page. It’s not at all simplistic to simply continually be offering facts which often many others have been making money from. And we fully understand we have you to be grateful to for this. The illustrations you have made, the easy website menu, the relationships you can give support to create – it’s got most fantastic, and it’s really leading our son in addition to the family know that that situation is fun, and that’s extraordinarily mandatory. Many thanks for all the pieces!
I and my guys were actually digesting the nice key points located on your web page while the sudden came up with a horrible suspicion I never thanked the web site owner for those strategies. These young men became as a result excited to learn all of them and have now actually been enjoying these things. We appreciate you getting really helpful and for going for these kinds of extraordinary resources most people are really desperate to learn about. Our own sincere apologies for not expressing appreciation to you earlier.
I precisely needed to appreciate you once more. I do not know what I would’ve carried out without the entire tips contributed by you regarding that problem. It truly was a hard crisis in my position, nevertheless encountering a new skilled mode you solved the issue made me to cry for gladness. I’m happy for your information and in addition have high hopes you comprehend what a great job that you are undertaking instructing some other people all through a blog. Probably you haven’t got to know all of us.
I not to mention my buddies appeared to be examining the excellent procedures from the blog and before long I got an awful feeling I never thanked the blog owner for those secrets. Most of the women were definitely totally joyful to learn them and now have clearly been making the most of these things. I appreciate you for indeed being well thoughtful and for finding this sort of notable ideas most people are really desperate to be aware of. Our own sincere apologies for not saying thanks to earlier.
I enjoy you because of all your hard work on this website. Ellie enjoys managing internet research and it’s really easy to understand why. Almost all learn all about the compelling form you render effective suggestions through your blog and invigorate response from other individuals on the article then our favorite daughter has been learning a lot of things. Have fun with the remaining portion of the year. You have been carrying out a really great job.
I simply wanted to compose a quick message in order to say thanks to you for these unique tips and tricks you are giving on this site. My rather long internet research has finally been rewarded with reliable points to exchange with my good friends. I would believe that most of us readers are extremely fortunate to exist in a decent website with so many lovely professionals with helpful tips and hints. I feel extremely grateful to have discovered your weblog and look forward to plenty of more pleasurable moments reading here. Thanks a lot once again for everything.
I precisely desired to say thanks yet again. I’m not certain what I would’ve done without these secrets shown by you relating to this concern. It truly was a very fearsome problem for me personally, nevertheless understanding your specialized tactic you treated the issue took me to jump for joy. I am grateful for this work and in addition believe you realize what a powerful job you were accomplishing instructing other individuals with the aid of your site. I’m certain you haven’t come across any of us.