A sentence in Cantabria recognizes the right to cancel holidays coinciding with the state of alarm

A ruling by the Social Court of Santander has recognized a worker from the Ministry of Education of the Government of Cantabria her

and to replace them with another vacation period .

The ruling, which considers a demand of the UGT union section in the regional Executive, clarifies that the worker requested four days of vacation at the beginning of the year, from April 13 to 17, and that after decreeing the state of alarm that was prolonged Until June 21, he sent a WhatsApp on March 24 to cancel them for coinciding with the general confinement and he requested it again on April 2.

The court ruling verbatim asserts that if the worker

, that period

not correspond to a legitimate and constitutional right to annual rest that every worker must have."

The judgment

and clarifies that "when a worker falls into a situation of temporary disability before or during the enjoyment of the vacation, they retain the right to enjoy their vacation in a subsequent period", therefore that "it seems reasonable and logical that if you are affected by an act of force majeure that directly affects your vacation, retain your right to enjoy it."

"Obviously, all vacation enjoyment entails the possibility that the worker can rest from the annual provision of services for a third party, that is, they can move, leave their home, have their own leisure, visit relatives, play sports, etc. .. ", adds the sentence.

In addition, it clarifies that, although the Government of Cantabria alleged in the trial that the center where the applicant works (a secondary school) had during the confinement "a minimal administrative activity" and that if she was not summoned to work it was because she was on vacation, "has no fault or responsibility whatsoever in the fact that her vacation period coincided with a pandemic and, in addition, it is verified that already on March 24, the worker warned that her vacation period would coincide with confinement, a reminder that she reiterated on 2 April; this procedure prevents classifying the applicant's work attitude as malicious or fraudulent ".

Labor rights with or without a state of alarm

The union section of the UGT welcomes this ruling of the Social Court number 3 and stresses that

labor

contemplated in the collective agreement."

"During the state of alarm, measures have been taken that border on non-compliance,

labor

that cannot be justified only by the fact of living a pandemic "the union added in a press release.

UGT adds that these situations of labor conflict have even occurred in matters of family and work conciliation, where

and its extension until January 31, 2021 without completing it with paid leave, it continues without giving a solution to care situations.

The union emphasizes that this sentence underlies the impossibility of teleworking for practically all the workforce of the Government of Cantabria, and stresses that the interpretation of vacations taken by the Ministry of Education "does not make any sense" when it coincides with a national closure of educational centers and with workers who were not given telework options.

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