If the recoverable paid leave (PRR) has not been recovered by December 31, 2020, the company will not be able to deduct the leave time from the salary. However, as it is a permit subject to collective bargaining, it will be possible to extend the deadline to compensate for it during 2021.
Royal Decree-Law 10/2020, of March 29, regulated at the time a recoverable paid leave for employed workers, which was mandatory and limited in time between March 30 and April 9 (both included). ), for all workers who provide services in companies or entities in the public or private sector that carry out non-essential activities classified as such in the annex to the standard.
One of the main peculiarities of this paid leave is its recoverable nature, in this sense the rule configures how the services not performed must be performed:
1. The recovery of working hours may be effective from the day following the end of the state of alarm until December 31, 2020.
2. This recovery must be negotiated in a consultation period open for this purpose between the company and the legal representation of the workers, which will have a maximum duration of seven days.
3. The recovery of these hours may not imply non-compliance with the minimum daily and weekly rest periods provided for in the law and in the collective agreement, the establishment of a notice period shorter than that included in article 34.2 of the Statute Law. of Workers, nor exceeding the maximum annual working day provided for in the applicable collective agreement.
4. The rights to reconcile personal, work and family life recognized legally and conventionally must be respected.
Procedure to return paid leave hours.
After the indicated period, and following the literal of the regulatory standard, workers must recover the lost days subject to a negotiated procedure and which, we have summarized in the Iberley magazine entry: «Procedure to return the hours of paid leave recoverable in case of lack of agreement.
When is the recoverable paid leave recovered?
The rule is clear, it must be recovered from the day after the end of the state of alarm and until December 31, 2020. That is, its recovery would not have been possible during the state of alarm.
How is the recovery period determined?
The recovery process must be carried out through collective bargaining, in a consultation period open for this purpose subject to a maximum duration of seven days (extendable if agreed in order to reach a consensual agreement).
If there is no worker representation (RLT), who do you negotiate with?
In the event that there is no RLT, the representative commission of these companies, for the negotiation of the consultation period, will be made up of the most representative and representative unions.
of the sector to which the company belongs.
Boundaries
In any case, the recovery of these hours may not imply non-compliance with the minimum daily and weekly rest periods provided for in the law and in the collective agreement, the establishment of a notice period shorter than that included in article 34.2 of the Law. of the Workers' Statute, nor exceeding the maximum annual working day provided for in the applicable collective agreement.
Likewise, the legally and conventionally recognized rights to reconcile personal, work and family life must be respected.
In the absence of agreement with the RLT, what systems can the company adopt to recover hours not worked during recoverable paid leave?
The recent SAN, No. 91/2020, of October 28, Ecli: ES:AN:2020:2967, analyzes the possible existence of substantial modification of working conditions (MSCT) on the vacation system, work calendar and distribution irregular working hours implemented in the company by the measures established for the recovery of hours not worked during paid leave recoverable after the completion of the negotiation for this purpose without agreement.
In the case analyzed, for the Social Chamber, the following options are valid:
- Recovery charged to paid days off (bridges) corresponding to the excess work calendar of 2020, according to the local agreements of each work center
- Extension of the daily work day
- Recovery with charge to vacation
- Mixed options
Most frequent forms of recovery
Through flexible working hours if recognized by agreement.
Through extensions of the daily work day, respecting the maximum legal workday of 9 hours.
In the case of discontinuous permanent contracts, the flexible hours may be accumulated into full days that will be applied at the end of the natural season.
We must understand that there is a wide margin for negotiation, so if there is an agreement, we consider it possible to provide services on holidays, always respecting intraday breaks.
In the event of a temporary contract termination, can they be deducted from your settlement?
The norm does not establish it, so it is recommended to act as a case similar to that of vacations you enjoy without having g
English 
Spanish