In case of disagreement, the applicable collective agreement must be followed; only if there is no agreement, the company could decide the dates, and even then respecting the legal minimums established. This means that, even in this exceptional scenario, the worker's basic rights must be guaranteed, at least 15 consecutive days of vacation in the summer period and with a 2-month notice by the company. The legislator makes it clear to avoid abuses: the organization of the company does not justify an arbitrary imposition of vacations.
Furthermore, if your SME or business has been allowing workers to freely choose their vacations for years, you should know that this flexibility becomes an acquired right for the workforce. Recent Supreme Court jurisprudence indicates that, when a company has maintained the custom of giving freedom during vacations, it cannot then suddenly restrict this right without prior negotiation and adequate justification. Therefore, any change in vacation policy must be made through dialogue and in compliance with legal procedures, to avoid conflicts and possible sanctions.
Advance planning and clear written records
To manage vacations without setbacks, advance planning is key. Regulations require that employees know their vacation dates well in advance (usually at least two months) and that they are compatible with the company's needs.
The secret is clarity: establish an annual vacation calendar in advance, define preferential or restricted periods if necessary (for example, avoid all staff taking vacations at the same time) and set objective criteria to resolve overlapping requests. It is advisable to include these rules in the employment contract or in an internal manual, so that all employees know what to expect. Likewise, experts recommend always agreeing on vacations in writing – whether by email, a signed document or a digital application – in order to have a reliable documentary record of the agreement. This way, misunderstandings are avoided and there is a formal record of the approved dates.
Keeping a good record is not only useful for the internal organization, but it also protects you legally. If any conflict or inspection arises, being able to demonstrate when the holidays were agreed and that the agreed deadlines and criteria have been respected will be essential. Remember that, as an employer, you also have the responsibility to ensure that your workers effectively enjoy their annual holidays. Actively promote that the entire team takes the days of rest that are due to them each year, since they cannot be replaced by financial compensation. Good management in this area improves the working climate and avoids legal problems.
Timenet: the digital tool for holiday management and time recording
In the 21st century, technology is your ally to efficiently manage these processes. Timenet is a software for SMEs designed to simplify holiday management and compliance with the mandatory digital time recording. This application integrates a complete workday control and also acts as a digital timekeeping system for employees. With Timenet, your company will save time when managing schedules, calendars and vacations for the workforce, centralizing all the information in one place.
The platform allows workers to request their vacation days and managers to approve or reject them with a click, while maintaining a global view of the calendar to avoid unwanted overlaps between employees. Through a visual panel, you can easily control vacations and ensure that there is always a minimum of operational personnel before accepting new requests. In addition, each request and approval is recorded in writing within the system, generating a history that serves as documentary evidence and that you can export in reports when you need it.