Post by account_disabled on Feb 20, 2024 5:20:54 GMT -5
That they decree a mandatory confinement or quarantine just when you were going to go on vacation will no longer ruin your free days. A ruling by the Santander Social Court has just marked a new jurisprudence. The court has recognized a worker from the Ministry of Education of the Government of Cantabria her right to keep four days of vacation that she had requested because they coincided with the confinement of the state of alarm . So that the worker will be able to enjoy those days off in another period. "If the worker cannot leave her house due to forced confinement , it will not be a vacation; that period will not correspond to a legitimate and constitutional right to annual rest that every worker must have," the judge notes in the ruling.
The magistrate makes an analogy with temporary disability: "when a worker falls into said situation before or during the enjoyment of vacations, he retains the right to enjoy his vacations in a subsequent period." Therefore, for the judge it seems reasonable and logical that if the worker is affected by a cause of force majeure that directly conditions his Middle East Phone Number List vacation, he retains his right to enjoy it . Read more: Returning home or staying at the hotel: what money can you claim if they decree a confinement during your vacation The state of alarm ruined your vacation The plaintiff had requested four days of vacation at the beginning of the year, specifically . the mandatory confinement on March 24, she wrote a message on WhatsApp to cancel the vacation .
They didn't listen to her and she insisted again on April 2, no luck either. The Government of Cantabria alleged during the trial that the center where the woman worked was not closed, since it maintained minimal administrative activity. "If she was not called to work it was because she was on vacation ," said the regional executive, who removed all responsibility by stating that "he has no fault or responsibility whatsoever that his vacation period coincided with a pandemic." Read more: 7 tips from travel journalists on how to plan a safe vacation during a pandemic The conclusion of the Social Court is clear: "Obviously all vacation enjoyment entails the possibility that the worker can rest from the annual provision of services for a third party, that is, that he can travel, leave his home, have his leisure particular, visiting relatives, playing sports.