Did you know that you have the right to vacation time, and that unused vacation time can constitute workplace abuse? 

With this article from Advogados em Braga, learn more about what vacation time is, how vacations are taken, how you can choose not to take vacation time, and what rights you have in those situations. 

What are unused vacation days and what are your rights?

Unused vacation days refer to vacation days to which the employee was entitled but which, for specific reasons, were not actually taken within the legal period. As a rule, vacation days must be taken by December 31st of the respective year. By agreement with the employer, it is possible to take them until April 30th of the following year or to accumulate up to half of the vacation days from the previous year with those of the current year. This information is often explicitly stated in the employment contract. Employment contract. 

Unused vacation time upon termination of contract: can I demand payment?

Yes. If there are unused vacation days when the contract ends, whether by decision of the worker, or by... Dismissal Or, due to expiration, there is a right to receive the remuneration corresponding to those days, including the proportional vacation allowance.

You can request payment in the following situations:

• Overdue but unused vacation days;
• Vacation pay corresponding to those days;
• Proportional to the length of employment in the year the contract ends.

How do I calculate the value of unused vacation days?

The calculation is based on the normal remuneration, including usual fixed and variable components, divided by 30 to obtain the daily value, then multiplied by the number of vacation days not taken.

Example: if you earn €1,100 gross/month and have 15 days of vacation left to take:

1,100 € ÷ 30 = 36.67 €

€36.67 × 15 = €550.05

How are worked vacation days paid?

Working during vacation time is not considered legal unless there are force majeure circumstances that require it. However, if a worker is required to work during their vacation, they can be paid for it in two ways:

• Through a payment corresponding to the extra days worked;
• You can enjoy any unused vacation days later. 

What are the legal deadlines for claiming unused vacation time?

The right to payment for unused vacation time by termination of contract It expires at the end of 1 year from that date.

For labor-related claims while the worker remains employed, the general statute of limitations is 3 years, which can extend to 5 years in specific cases, such as... Industrial disease.

How do I request payment for unused vacation time?

There are two ways to request payment for unused vacation time: directly from the employer or through a credit bureau. ACT (Authority for Working Conditions). 

To explain the situation to your employer, you should do so as follows:

• By email or registered letter;
• The number of unused vacation days and the reason;
• The payment request. 

If no agreement is reached, you can then contact ACT and resort to the courts. 

What happens if I don't take my vacation by December 31st?

If the leave is not taken by December 31st (or April 30th, when agreed) and there is no compensation, the employer may be held liable and ordered to pay the corresponding remuneration, and, if there is fault, additional compensation may be due.

Can I demand payment for unused vacation time?

Yes, the employee can demand payment for unused vacation time if the vacation was not taken due to termination of the contract, for example. 

However, it is not possible to ask your employer for payment in exchange for giving up your vacation time. 

Is it possible to work during vacation?

Vacations are mandatory, so no. It is only possible to take them if the employee requests it, and even then there must be compensation in days or financially corresponding to the vacation time not taken. 

I'm on vacation and I've been called back to work. What should I do?

If you are on vacation and have been called back to work, there are precautions you should take before accepting the employer's request:

• Check if there is any strongly valid justification for such a situation, as you may refuse.

If you have accepted:

• You should demand the compensation due for the vacation days not taken. 

Do I need legal help to better understand unused vacation time? 

A lawyer is a key figure in ensuring compliance with labor laws and fighting for rights, both for the employer and the employee. 

Workers are entitled to vacation time, and if they are unable to take it, they have the right to request compensation from their employer for the corresponding vacation time not taken. The presence of a lawyer is essential, as a lawyer possesses the necessary knowledge to help you interpret the law and fight for your rights.

In the case of the employer, it is their duty to ensure that employees take their full vacation time. Otherwise, they may face legal consequences. legal problems or situations such as complaints to the ACT (Authority for Working Conditions). Therefore, a lawyer is the essential person for this. defense The employer's legal representative is the best person to advise the employer in legal situations, and is also the best person to advise the employer and thus avoid situations that could lead to complaints and problems with the justice system. 

With a Lawyers in Braga It has qualified professionals to give you all the support you need, whether you are a worker or an employer. 

Conclusion 

Unused vacation days can only exist in exceptional situations, and even then they must be compensated monetarily or through subsequent vacation days that correspond to the days of work not taken. 

If there are situations where there is no compensation for work during vacation time, the employee can contact the employer directly and, in case of disagreement, can appeal to the ACT (Authority for Working Conditions). It is important to note that the employee can refuse to work during vacation time. 

A lawyer plays a fundamental role in the fight for workers' rights and also in guiding employers on the laws they must comply with, thus avoiding problems with the justice system.