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Friday, January 27, 2023

Holidays: how many days correspond by law, how they are calculated and how they are charged

industry of tourism in argentina Benefited from the implementation of the Priviaje program, an initiative that will remain in force during 2023 and can be used by everyone who goes on holiday. Within this framework, it is worth remembering what rules are in force in the country that determine how many days off each employee should have.

as specified by law employment contractThe number of paid days varies for each employee as seniority increases in the same workplace.

How many days leave is there according to the law?

Labor contract law establishes that workers in a dependency relationship have 14 consecutive days off from the age of 6 months. However, it is also possible to take holidays before that period has elapsed: before the completion of 6 months, employees are entitled to 1 day of leave for every 20 days worked.

On the other hand, Law 20,744 also establishes that upon completion of a certain period of seniority at work, the number of paid days increases. For example, On reaching 5 years of seniority, 21 days leave is received.

how to calculate vacation days

The law establishes the following formula for calculating vacation days according to seniority:

  • When seniority does not exceed 5 years: 14 calendar days
  • When seniority is more than 5 years and not more than 10:21 calendar days
  • When seniority is more than 10 years and not more than 20:28 calendar days
  • When seniority is more than 20 years: 35 calendar days

anyhow, there are some collective labor agreement which establish a large number of leave days, so case to case study has to be done to ascertain the exact period according to the modus operandi of each activity.

What day can the holidays start?

in terms of compliance business days on business daysHolidays must begin on Monday or, if a holiday, the next business day of the week. On the other hand, those who work so business days and non-business days His holidays begin on the business day following the start of your weekly rest.

On the other hand, the law also establishes that Holidays must be granted by the employer between October 1 and April 30 of the following yearand that the employee must be given at least 45 days notice of the date.

How are holidays paid?

by law, Holidays are paid, they are paid before their start date and they should be discriminated against in the pay receipt. Meanwhile, its calculation depends on the type of work.

If you receive a monthly salary, it is divided by 25 and then multiplied by the number of days of leave you have. On the other hand, working by the day or hour, you will be paid the same amount for each day of vacation that you would have received the day before your vacation starts.

It should be noted that the guidelines established in the Labor Contract Law only affect workers in respect of dependencies in the public or private sector, regardless of whether their employer is the State or an individual. The law does not consider informal sector workers as well as self-employed or independent workers.

World Nation News Desk
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