The reform to extend the holidays entered into force on January 1. As of this year, the minimum to which workers in the formal sector will be entitled will be 12 days off paid. This floor will gradually increase until it reaches 32 days for people between 31 and 35 years old in the same company.
And although the changes to articles 76 and 78 of the Federal Labor Law (LFT) are already in force in a general way and their application is mandatory for all companies, the personal benefit will be reflected at different times throughout the year. year, since it depends on a specific date: the work anniversary of each employee.
“I completed three years of work in my company at the end of October and I still have not taken my vacation, do I get the 10 days that I had or could I already have the 16 days of the reform?” asked Sofía Hernández a few days ago via email. The question of the graphic designer is shared by many other people.
The answer for Sofía Hernández is the following. For having completed her work anniversary before the reform came into effect, and if she has not yet used her vacation, the days of the previous formula correspond to her, in this case 10 days. It will be until she turns a new year of service in the same company when you apply the new formula.
In this way, for people who have the minimum vacation law contemplated in their employment contract, the change in the formula and in the amount of the vacation premium to which they are entitled will be reflected upon completing a new year of employment. service, well the reform is not retroactive. In addition, in case of having pending days to use, these are not modified either.
Answers to frequent questions about the reform
On the application of the reform known as “decent vacations”, the Ministry of Labor and Social Welfare presented the answers to the following questions:
» 1. Are the 12 days of vacation continuous?
Yes, with the dignified vacation reform, article 78 of the LFT was as follows: “The worker will enjoy twelve days of continuous vacation, at least. Said period, at the discretion of the worker, may be distributed in the manner and time required.
» 2. If I complete five years in my job in 2023, will I already be entitled to 20 working days of vacation?
Yes, thanks to the dignified vacation reform, you will be entitled to the vacation days corresponding to the length of service you complete in 2023.
» 3. Can I take vacations at any time of the year?
Vacation periods are set by mutual agreement between you and your employer, considering the service needs and the right that you have already generated to take vacations.
» 4. How far in advance should I request a vacation?
The vacation request period will depend on the policies, calendar, employment contract and/or regulations of the company for which you provide your services. It is an essential requirement that your vacation days are agreed upon with your employer and that they be granted within six months following the completion of the year of service.
» 5. If my employer does not authorize me to take vacations due to lack of personnel, do they accumulate with those of the following year?
Your right to vacations is generated each year depending on the seniority you have in the company and must be granted within six months after completing the year of service. If you do not enjoy them, you can only claim those that correspond to a previous year.
» 6. Can my employer exchange vacation time for money?
No, the Federal Labor Law establishes that the vacations that correspond to you cannot be compensated with a remuneration neither in kind nor in money, for which they must be enjoyed.
» 7. If I work part-time, do I get vacations?
Yes, since your right to vacation depends on the years of service you have with your employer, not on the working hours they have agreed.
» 8. If a holiday falls during my vacation, what happens? Do they pay me double or do they give me one more day?
If the vacation period agreed with your employer includes a mandatory rest day, this cannot be counted as part of the vacation days.
» 9. If I have a conflict related to my right to vacation, what can I do?
The people affected can go to the Federal Labor Defense Attorney’s Office (Profedet), a space where they can receive free and personalized advice. “Remember that vacations are a job benefit to which you are entitled. If you are a unionized worker, you can also approach your union”, detailed the STPS.
The people affected can go to the Federal Labor Defense Attorney’s Office (Profedet), a space where they can receive free and personalized advice. “Remember that vacations are a job benefit to which you are entitled. If you are a unionized worker, you can also approach your union”, detailed the STPS.
means of contact with the Prophet They are by telephone at the numbers (800) 7172-942, (800) 9117-877 or (55) 5998-2000, extensions 44740 and 44741, Monday through Friday with hours from 8:30 a.m. to 3:00 p.m. Orientation can also be requested through the email [email protected].
