6 June 2019

Paid leave is not flexible remuneration.

paid leave

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.

Table of contents

¿Qué son los permisos retribuidos?

Paid leave is regulated by 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 attending work, the employee will receive their salary without variation. This is an obligation on the part of the employer, which arises from this right of the worker and which may be limited to the conditions set out in current legislation or extended by collective agreement or individual agreement.

What are 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 / surgery of relatives. In this case, two days are granted, provided the event occurred to a relative up to the second degree. In situations where travel is necessary for these purposes, the period is extended to 4 days.
  3. Relocation. Due to moving house, the paid leave days recognised by the Workers' Statute are reduced to 1 day.
  4. Fulfilment of an unavoidable duty of a public and personal nature / undertaking prenatal examinations / pre-adoption meetings / ante-natal classes. In both cases paid leave is granted for the time necessary.
  5. Carrying out trade union or representative functions. The authorisation is extended to what is collected in terms established legally or by convention.

What are the flexible remuneration options?

Flexible remuneration is a system that makes it possible for the salary received by an employee to be supplemented by a series of benefits in kind.. These advantages can be obtained free of charge, or at a cost lower than the market price. In most cases, Flexible remuneration can lead to an increase in the worker's purchasing power, as the amount of the solutions is not taxable for personal income tax purposes.

Among the most commonly agreed-upon options for flexible remuneration are:

Furthermore, flexible remuneration is compatible with paid leave, so if you agree to 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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