6 June 2019

Paid leave is not flexible remuneration.

paid leave

Table of contents

The first difference between paid and unpaid leave is flexible compensation is that, while the former are compulsory, the latter can be agreed upon according to the preferences and needs of the parties. Thus, the fifteen calendar days that the employee can take off from work for the celebration of his or her marriage and still receive the corresponding salary are non-negotiable. However, they are agreement can be reached with the employer on the preferred social benefits at any given time.

What is paid leave?

Paid leave is regulated in Article 37 of the Workers' Statute., which defines them as the working days during which the employee may be absent for one of the justified causes set out in this regulation.

The peculiarity of these days is that, despite not coming to work, the employee will receive his or her salary without variation. This is an obligation on the part of the employer, which arises from this right of the employee and which may be limited to the conditions set out in the legislation in force or extended by collective agreement or by individual agreement.

What are the paid leave entitlements?

The Workers' Statute sets out the following reasons for entitlement to paid leave:

  1. Marriage. Fifteen calendar days are granted.
  2. Death / illness / hospitalisation / surgical intervention of relatives. In this case, two days are granted, provided that the event occurred to a relative up to the second degree. In situations where it is necessary to relocate for this purpose, the period is extended to 4 days.
  3. Moving home. For moving house, the paid leave recognised by the Workers' Statute remains at 1 day.
  4. Fulfilment of an inexcusable duty of a public and personal nature / prenatal examinations / pre-adoption meetings / childbirth preparation classes. In both cases paid leave is granted for the time necessary.
  5. Performing trade union or representative functions. The leave is extended to what is provided for in the terms established by law or convention.

What are the flexible remuneration options?

Flexible remuneration is a system that allows the salary received by the employee to be complemented by a series of benefits in kind.. These benefits can be obtained free of charge, or at below market cost. In most cases, flexible remuneration can lead to an increase in employees' purchasing power, as the amount of the solutions is not taxable for personal income tax purposes.

The most commonly agreed options for flexible remuneration include:

In addition, flexible pay is compatible with paid leave, so if you agree the former with your employer, you can benefit from both and enjoy all the advantages and better working conditions.

Ready to get more out of your salary? Want to increase your benefits?

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