HOLIDAYS - (Common regime)

HOLIDAYS
(Common regime)

» Right to holidays

Holidays are a right of public employees and are translated in the previously authorized absence from the service, targeting to provide a determined rest period

Substitution of the holiday’s enjoyment

It is an unassignable right and its enjoyment shall not be substituted by any economic compensation or of any kind whatsoever

Right to holidays in the contracting year

In the contracting year the public employee is entitled, after six full months of execution of the contract, to enjoy two working days of holidays for each month of duration of the contract up to the maximum limit of twenty working days

In contracts with duration lower than six months the public employee is entitled to enjoy 2 working days of holidays for each full month of duration of the contract, and shall be enjoyed at the moment immediately prior to the termination of the contract, unless otherwise agreed by the parties

» Regime

» The public employee is entitled to a remunerated holiday period in each calendar year

» It shall be due on 1 January of each year, referring to, as a rule, the service performed in the previous calendar year

» Is shall not be subject to assiduity or effectiveness of service

Minimum period and holiday allowance

Each public employee is entitled to a minimum period of holidays of 22 working days, remunerated without meal allowance

Each public employee is entitled to a holiday allowance to be paid, as a rule, in June of each calendar year

Repercussions of seniority in holidays

One day for each 10 years actually performed is added to the previously mentioned holiday period

Note

This increase shall not give the right to increase in the amount of the holiday allowance

» Booking and enjoyment of holidays

» Holidays shall be enjoyed, as a rule, in the course of the calendar year in which they are due, in a followed or interpolated way, provided that in one of the periods, at least, 10 consecutive working days are enjoyed

» Holidays shall be booked by 30 April of each year, in accordance with the interest of the parties

» Failure to reach an agreement it is the responsibility of the public employer to book and draw up the respective holiday map pursuant to criteria set in the law, by hearing for the purpose public employees’ representatives

Accumulation

Holidays may be enjoyed by 30 April of the following calendar year, in accumulation or not with holidays due at the commencement of this one, by agreement between the public employer and the public employee or whenever this one wishes to enjoy holidays with family members residing abroad

Interruption

The enjoyment of holidays may be interrupted by impediments invoked by any of the parties:

» by the public employee

When in the public employee’s interest, this one shall enjoy the missing holidays at the term of the impediment

» by the service

When in the service’s interest, the public employee shall be compensated by the damages proven suffered

» Holidays and vicissitudes of the contract

Termination of the contract

In situations of termination of the contract the public employee is entitled to the compensation corresponding to the holiday period not enjoyed and the respective allowance and the proporcional to the length of service fulfilled until the contract termination date