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WORKING IN SPAIN

Do I have to take most of my annual leave in August in Spain?

Many Spanish companies still expect their workers to take their holidays at specific times of the year, primarily in August, right in the height of summer when many hotels are fully booked. So what are your rights, are you obliged to take your vacation in one particular month?

Do I have to take most of my annual leave in August in Spain?
Do I have to take all of my holidays in August? Photo: LLUIS GENE / AFP

While it’s your right as an employee to be able to take holiday days, do you have to take them when your company wants you to take them, or are you able to choose and have more flexibility?

Despite August being one of the hottest months in Spain and the one month of the year when many official companies and offices shut up shop, not everyone necessarily wants to take their break at the same time as everyone else.

Taking your holidays in August means less availability in hotels, overcrowding and more expensive transport and accommodation. If you don’t have children who are off from school during the summer months, then you may wish to take your vacation days at another time of the year, when it’s less busy and cheaper.

READ ALSO – EXPLAINED: Spain’s new leave of absence schemes to care for family members

To answer the question it’s important to know the details about what the law says about how paid time off is taken, requested, imposed, or granted.

What laws or regulations dictate the rules about paid holiday time?

There are three different sets of rules and regulations, which are responsible for regulating the laws on vacation time in Spain. 

Firstly, you need to look at the Spanish Workers’ Statute, which includes rights, duties and obligations applicable to all salaried workers in Spain.

Secondly, you need to be aware of the collective sector and/or company agreements, which may dictate the rules for a particular industry for example.

Thirdly, you need to look at the contract, which you signed with your employer when you started working for them. This sets out your individual circumstances and the rules you must abide by.   

READ ALSO: How parents in Spain can balance work and kids during the school holidays

Workers Statute

As a general rule, all employees are subject to the Workers’ Statute. Holidays are part of this and are the subject of article 38. These conditions can never be contradicted by individual companies and are set as a guaranteed minimum. 

The minimum number of holidays in Spain is 30 calendar days per year. This equals two and a half days per month worked, in the case of temporary contracts. The statute states that vacations must be taken between January 1st and December 31st in separate periods, but one of them must be for at least two weeks. They are always paid and cannot be exchanged for financial compensation.

The period when you can take them is set by a common agreement between the employer and the worker, in accordance with what is established in the collective agreements on annual vacation planning. If there is disagreement, the social jurisdiction is resorted to.

At a minimum, the company must offer vacation days at least two months before the beginning of the holiday period, so that the employee has time to organise and book.   

When the planned time to take vacations coincides with a temporary disability, pregnancy, or childbirth, you have the right to enjoy the holiday at another time, even after the calendar year is over.

Collective agreements on vacations  

Your sector’s collective agreements may also help to answer this question. These aim to improve upon the basic and general rights that are included in the Workers’ Statute. They seek to adapt the rules to each type of industry or company. They could, for example, set out extra vacation days, which are greater than the standard 30 calendar days. 

You will need to find out what your specific sector or company’s collective agreement is. There is a possibility that your sector or company has mandatory summer vacations for the month of August and in that case, you can choose vacation dates, but only within this month.

Your work contract 

Lastly, you will need to consult your individual contract which you signed with the company when you were hired.  As well as the minimum conditions set out in the Workers’ Statute, your contract sets out your particular agreement with your employer in terms of holiday duration, the work calendar and other details.

Therefore, you should state in your contract whether you have to take your holidays during August, or if you’re free to take them at other times of the year.

If after consulting these three sets of regulations and there are still in doubt or in disagreement with your company about vacations, such as having to take them during the month of August, you should consult a lawyer specialising in labor law. They should be able to give you an answer specific to your situation.  

Can I appeal or disagree and what are the consequences? 

To appeal or express disagreement with what is proposed by the company, there is a period of 20 business days from when the vacation schedule is sent out, after which time you don’t have the right to show that you disagree.  

Companies can proceed to disciplinary dismissals due to abandonment of the job if you decide to take vacations that have not been granted or agreed upon with your employer. To avoid this type of problem, always make sure you have a record in writing of your request for vacation time and subsequent approval by the company.

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For members

WORKING IN SPAIN

The best paid jobs in Spain which don’t require a university degree

Traditional academic qualifications are no longer a guarantee of work or good pay. In fact, there are numerous jobs in Spain which don't require a university degree that pay handsomely.

The best paid jobs in Spain which don't require a university degree

While it’s true that for the majority of well-paid jobs in Spain, you do need a university degree, there are still several lucrative professions here that do not require any type of higher qualification. Here are the top 10 highest-paid jobs in Spain, according to a study by Spanish news site La Información.

Commercial airline pilot
A job as a pilot is a well-sought-after position, which is not only great for its earning potential, but also allows you to travel internationally too. You can earn anywhere from €60,000-100,000 per year and don’t need a degree, but you do need to take several courses and complete hours and hours of rigorous training and pass exams. 

READ ALSO: Which foreign nationals in Spain have the highest salaries? 

Air traffic controller
Air traffic controllers in Spain can earn anywhere from €33,000 to €100,000 a year and oversee air traffic at major airports across the country. All that is required is to complete an 18-month training course to obtain a licence. It’s also helpful to have excellent concentration skills, effective communication skills and quick decision-making abilities.

Events planner
Events planners obviously need to be highly organised, but can work in any type of environment from planning weddings to conferences and meetings for large corporations. For this type of career, you can earn anywhere up to €100,000 per year depending on what sector you work in. You don’t need an official degree but may need to take a course.

Estate agent
Whether you want to sell to other foreigners or work for a local company, selling property can be a very lucrative business, earning you between €25,000 and €70,000 annually, depending on commissions. You will need to take a real estate course to get your real estate agent licence. It’s helpful to be good at negotiating and have excellent people and sales skills.

Professional make-up artist
If you have a creative streak and love working with people, a career in the high-flying world of fashion and editorial shoots could be right up your street as a make-up artist. Your career could also take you to the worlds of theatre, films or even music. You will need to undertake a professional make-up course to get ahead but can earn anywhere from €18,000-50,000.

READ ALSO – Not English: The languages linked to high-paying jobs in Spain 

Airline cabin crew
Those who have the travel bug, are good with people and can speak multiple languages could become an air steward or stewardess for one of Spain’s big airlines. You must undertake a specific training course for cabin crew and can earn €20,000 – €46,000 per year.

Executive Assistant
Executive assistants for managers, CEOs and COOs can earn on average €31.718 per year in Spain. A degree isn’t necessary but you will need some type of administrative training or experience.

Oil rig workers
Oil rig workers perform a variety of tasks in oil and gas extraction. If you want to make this your career, yearly salaries are anywhere between €25,000 and €33,000. You don’t need a specific qualification, but you will need technical training provided by your employer. It’s important to have good physical fitness, be able to work in a team and have mechanical skills.

Vertical work technician

If you suffer from vertigo or are afraid of heights, this definitely isn’t the job for you. Vertical work technicians work at great heights, whether that’s fixing electricity lines and cables or washing windows of huge skyscrapers. Doing this type of job can earn you between €20-60 per hour in Spain. You don’t need a qualification but can work up to different levels depending on your experience. Level three technicians are paid the most.

SEO experts

If you have good computer and research skills, you may want to consider becoming an expert in Search Engine Optimisation, in order to help clients move their websites higher up the Google rankings or make sure that they’re found online by their desired customers. You can earn anywhere between €20,000-€30,000 a year and will need to have completed some type of course in SEO and digital marketing. It’s important that you have a deep understanding of internet algorithms.

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