06/07/2020 - DGERT and ACT clarify that it is possible to take a vacation during the lay-off and there can be no cuts in the subsidy
"This regime does not prevent the duration and enjoyment of the vacation period, clarify DGERT and ACT. Workers covered by this regime are entitled to holiday allowance without any reduction, which is fully supported by the employer.
According to the Directorate-General for Employment and Labor Relations (DGERT), the lay-off it does not prevent the booking of holidays and the worker can enjoy this period.
“Contrary to what would happen in other situations of suspension of the employment contract, the reduction or suspension time in a situation of lay-off it does not affect the salary and duration of the vacation period (paragraph 1 of article 306 of the Labor Code), nor does it affect the booking and enjoyment of holidays, in general terms (paragraph 2 of article 306 of the Labor Code) ”, explains in a joint statement with the Working Conditions Authority.
According to the clarification, “nothing prevents the enjoyment or booking of holidays during the period of application of the lay-off, provided that under the terms of the Labor Code, there may be, in the absence of agreement, and with due limitations, the unilateral booking of vacations by the employer ”.
DGERT and ACT further clarify that during the vacation period, the employee in lay-off is entitled to receive the holiday allowance without any reduction, which is fully supported by the company. Regarding salary, during the vacation period, the worker covered by the lay-off "you are entitled to receive a minimum amount equal to two-thirds of your normal gross salary, or the amount of the minimum guaranteed monthly salary corresponding to your normal working period, whichever is higher"." .