How do summer vacations affect the workplace?

Summer vacations represent one of the most important labor rights. Not only do they allow workers to recover their energy, but they also have direct implications for business management.

As a business owner and entrepreneur, understanding the rights and obligations associated with vacations improves planning and strengthens your commitment to your workforce.

What does the regulation say?

The Workers' Statute , in its Article 38, establishes that every employee is entitled to a minimum of 30 calendar days of vacation per year , equivalent to 2.5 days per month worked. The days are counted on a natural basis (including holidays and Sundays), unless an agreement or contract specifies more benefits.

Vacation must be taken from January 1 to December 31, with some exceptions: if it coincides with sick leave, maternity leave, or paternity leave , the employee may take it within the following 18 months.

Furthermore, the employer is required to prepare a work schedule at least two months before the vacation period and agree on it with the employees.

If there is no agreement, the Social Court may determine the vacation period and the decision will be final .

Summer Planning: Entrepreneur vs. Employee

From the entrepreneur's perspective

Operational organization

• Vacations must be agreed upon so as not to harm productive activity.
• The annual calendar and interannual agreements allow for anticipating absences and planning alternative resources.

Temporary substitutions and reinforcements

• Hiring seasonal staff or reinforcements during August or July.
• Pre-summer training to ensure continuity in the activity.

Documentation and registration

• Documentary record of the agreement on dates.
• Incident control: vacation leave, shift changes, etc.

From the worker's perspective

Right to effective rest

• Vacations must be enjoyed without financial compensation or replacement, unless the contract is terminated.
• Up to 30 calendar days per year, proportional if the worker worked for less than a year.

Family conciliation

• The choice of dates can influence compatibility with school periods or family activities.
• Negotiation must be two-way; the employee has a say in the agreement.

Emergencies and health

• Sick leave during vacation does not cancel it.
• The worker can recover them later, within the 18 months allowed.

Flexibility and adaptations: common cases

Small business vs. large business

• In SMEs, flexibility can pose more challenges, but it also requires closer and more humane management.

Rotations and preferences

• Annual rotation can be established to prevent the same employees from always being chosen.
• Priority based on seniority, family status, or special circumstances. The key is consensus.

Holidays and long weekends

• Planning your vacation around holidays can maximize your rest time without taking up too many days.

Most common mistakes and how to avoid them

Unilateral imposition of dates

• The law prevents the employer from making decisions without agreement and without justification.
• In the event of imposition, the worker may sue and appeal to the courts.

Failure to communicate with adequate notice

• Communication must be made two months in advance, unless otherwise agreed.

Overlaps and sick leave

• The company must properly manage cases of sick leave coinciding with vacation, transferring the rest period.

Confusion between calendar and working days

• Although the law refers to calendar days, some conventions establish working days. Review the applicable convention.

Advantages of good vacation management

Increased productivity and satisfaction

• Rested, motivated, and equitable employees.

Better work environment

• Orderly and consensual rotation avoids internal conflicts.

Legal compliance and legal security

• Avoid costly labor penalties and litigation.

Recommendations for business owners and entrepreneurs

Design a participatory annual calendar

• Involve representatives and employees in vacation planning.

Define objective criteria

• Seniority, family situation, business needs. Formalize these in an internal policy or agreement.

Communicate clearly

• Outline deadlines, rules, and possible adjustments. Keep a written record.

Keep records and documentation

• Keep records of applications, communications, and agreements.

Review your collective agreement

• Check whether it regulates preferential periods and adapt your internal regulations.

Summer vacations are a well-established right for workers and an opportunity for companies to plan and strengthen their image as responsible employers. Business owners and entrepreneurs who understand and properly apply the regulations avoid conflicts, improve human resource management, and strengthen their organizational culture.

At Puigverd Assessors, we help you design clear and efficient vacation policies, ensuring regulatory compliance and maximizing your team's satisfaction and productivity. Contact us for personalized advice!