Pending vacation settlement at the end of the contract: estimation and retribution

Abstract

The management of the paid yearly vacation presents some particular aspects in temporary contracts and at the end of those indefinite. Both in the calculation of the pending period as in its remuneration, some inconsistencies arise in the application of the regulations. In some cases they are derived from darkness in the very norm, in others they are due to generalized inertia in the performance of those who manage salaries and Social security contributions. The principle of the obligation of the enjoyment of the holidays within the calendar year in which they were generated, needs to adjust to the special situation of temporary workers contracted for less than a year. Moreover, in the remuneration of still not enjoyed vacation at the end the contract, a discriminatory formula for workers that cease as opposed to those who continue in the company is frequent used.