- Background in Latin America
- European experiences
Javier Miley I already announced itAmong the reforms of the second generation of the liberal libertarian plan, It will promote debate on labor reform This, among other axes, It is proposed to make the annual leave system more flexible stipulated in the Labor Contract Law (LCT).
Although there are no details, the ruling party will try to approve it in extraordinary sessions after December 10.
According to the project presented by the representative Romina Diez – The basis of the initiative that will be presented by the President of Casa Rosada Javier Miley – Article 154 of the Treaty Code will be replaced, freeing the period and extending it to any time of the year.
Currently, the employer is required to grant vacations during the period between October 1 and April 30 of the following yearThe date should be communicated to the worker with minimal advance notice.
The official project expands the margin of grants and allows vacations to be divided into blocks of at least one week each, allowing the rest to be used more gradually.
The official proposal states that this flexibility will allow for adaptation Better rest periods for productive dynamics, especially in activities with marked seasonality.
It will, for example, allow a company to offer vacations divided into two or more parts, facilitating the organizational process without stopping traditional summer production.
From the unions, the CGT came out with a clear warning. Christian GeronimoThe glass union leader, who became a new member of Central Command this week, said he “will not tolerate no reform, because this is not even reform anymore.” “This is reactionary flexibility under the law.”.
At the same time, Peronist Senator Mariano Ricalde, a strong opponent of the reform, pointed out that it is a broad project that aims to amend 109 articles and that “in every article they take away the right of the worker.”
“If this reform succeeds, you will get vacations. You will not be able to take them all at once. They will be able to divide them up and give them to you at any time of the year,” he said.
Background in Latin America
In Peru The legislation allows holidays to be divided into 30 days per year: at least 15 days must be enjoyed without interruption (for example, one group of 7 days and another of 8 days), while the other 15 can be divided into smaller groups if there is a written agreement between the employer and the employee.
in chile, he annual vacation (Vacations (as vacations are known) must be taken continuously, but the regulations allow more than ten working days to be divided by agreement between the parties.
In Mexico The Federal Labor Law guarantees paid leaves that increase with seniority, and allows, by agreement, to specify different periods of rest or break-ups, as long as the legal minimum is respected.
Meanwhile, in Brazil The right to a vacation period of 30 consecutive days is recognized in the working year, but can be divided into sections by individual or collective agreement.
European experiences
In Spain Splitting of leave is permitted subject to the agreement of the company and the employee; But it must be at least one of the periods 15 calendar days without interruption.
In Germany Leave can be divided, but each section must have at least one 12 consecutive business days (Approximately two weeks), unless the worker requests it or there are exceptional operational reasons.
France and Finland They are among the countries that have long periods of leave (up to 30 working days or more) and allow some flexibility in the way they are enjoyed, always respecting the legal minimum for effective rest and maintaining planning standards through agreements or internal regulations.
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