Labor vacations are a right guaranteed by the Colombian Constitution and the Substantive Labor Code. The regulations establish that employees must enjoy, annually, 15 days of paid vacation.
(Read: These are some rates and values that would no longer go up with the minimum).
Likewise, the worker can accumulate a part of this rest period if he reaches a prior agreement with the worker. Now, youKeep in mind that vacation accrual is only possible for two years.
For workers who decide to accumulate three or more vacation periods, they run the risk of their prescription. In accordance with article 488 of the Code, the actions on the rights regulated in that norm “prescribed in three years, counted from the date the respective obligation became enforceable”.
The norm contemplates an exception that is explained in article 190 and allows you to extend this period: «The accumulation can be for up to 4 years, in the case of technical, specialized, trustworthy, management or foreign workers who provide their services in places other than the residence of their relatives.»
(In addition: Mintrabajo signs decree to increase the minimum wage by 2023).
Along with this, the regulations also state that the vacation period can be divided but, in no case, you can rest less than 6 consecutive business days in a year.
«In any case, the worker will enjoy annually, at least, six (6) continuous business days of vacation, which are not cumulative.”, expose the Code. The Ministry of Labor seeks with this regulation that vacations fulfill their restorative objective.
How are accumulated vacations paid?
Pursuant to article 192 of the Code, employees who decide to make their accrued vacations effective must receive payment for these vacations. commensurate with current wage regardless of whether the previous salary was different.
(In addition: Government projects inflation of 7.2% and growth of 1.3% for 2023).
«During the vacation period, the worker will receive the ordinary salary that he is earning on the day he begins to enjoy them,» the regulations state.