Office and Technical Offices Agreement - Working Holidays

What does the Madrid Agreement for Offices and Bureaux establish in terms of holidays?

The first thing we should say is that everything related to the issue of holidays is typified in Article 24 of the Madrid Offices and Firms Agreement, which is closely linked to the one established at national level. In fact, on this point, they are practically identical, which is why, if you wish, you can check the slight variations on the official page of the Official State Gazette.

According to the provisions of this agreement, every worker who works in a company and who is subject to it can enjoy 30 calendar days of paid holidays every year (counting Saturdays, Sundays and public holidays). Similarly, these are equivalent to 22 working days. It should be emphasised that, for this type of employment and in terms of leave, Saturdays do not count.

On the other hand, a worker's leave period must always begin on a working day. In other words, Saturdays, Sundays and public holidays are not valid for the period to begin, even when the option of 30 calendar days is chosen instead of 22 working days. They shall also be deemed to end on the day before the scheduled date of return to work.

This last point contains a caveat that should be taken into account by the worker. This is that companies that have established a fixed annual period in advance for granting holidays to all their employees do not have to strictly abide by the above ruling. However, in case of dispute, it is always necessary to resort to what appears in the Workers' Statute. 

It should also be noted that, unless the fixed annual leave period mentioned above has been established in advance, the employee and the company may agree to split it. However, the minimum continuous period must always be 10 calendar days that can be calculated as 8 working days. In this sense, it is up to the employee to request it from the company with sufficient notice. This aspect is included in section 3 of Article 38 of the T.R.L.E.T. (Royal Legislative Decree).

Other provisions relating to holidays in the Office and Bureaux Agreement

The Madrid Offices and Bureaux Agreement establishes other additional holiday provisions that are also worth commenting on. In addition to the 30 calendar days or 22 working days to which any worker subject to the agreement is entitled, he or she may enjoy paid days off without having to go to his or her post, depending on the following circumstances.

1. Marriage. The employee is entitled to 15 calendar days' leave in the event of marriage. These will be taken from the first working day following the ceremony, unless an alternative date is agreed between employer and employee.
2. Birth of a child. In the event that the employee is a father, the company is obliged to provide him with three days of paid leave.
3. Death of a family member. Employees can take four days of paid leave in the event of the death of a parent, spouse, sibling or child. On the other hand, if the death involves a journey of more than 200 kilometres, the leave will be increased by one day.
4. Moving house. Moving from one's usual place of residence to another shall entitle the employee to 2 days paid leave.
5. Sickness. In the event that a relative up to the second degree of consanguinity suffers a serious illness requiring hospitalisation, has to undergo surgery or needs to rest at home, he/she shall be entitled to three days' leave.
6. Marriage of a family member. One day's leave in the event of the marriage of a child, father, mother or brother or sister.
7. Inexcusable duties of a personal or public nature. The employer shall be obliged to compensate those who are absent from work, even partially, because of an inexcusable duty. After the third month in which the worker has missed more than 20% of his working hours during a period of 3 months, he may be placed on compulsory leave, with the right to return to work when this duty has been completed.
8. Maternity leave. Although it cannot in any way be considered as leave or a holiday period, it is worth mentioning that, in the case of maternity, the woman is entitled to 16 weeks without employment from the same date of birth. In the case of multiple births, she is entitled to two additional weeks for each child after the second. The father is entitled to 13 days' leave for the birth of a child.

In general terms, this is all you need to know about holidays and paid leave for workers subject to the Madrid Office and Office Workers' Agreement. As you will have been able to see, the text includes a large number of variables, although it determines precisely the cases in which there is a right to take them and the conditions for doing so. So, the next time you apply for them, you will be able to do so with full knowledge of the facts.

If you need help or if you have any doubts, please do not hesitate to contact us.