“All workers entitled to vacation have, inherently, the right to a vacation subsidy proportional to those vacations. Thus, it is only anticipated that there will be no vacation subsidy in cases of employment contracts lasting less than a month, where there is no vacation entitlement.
In all other cases, the worker shall be entitled to receive a vacation subsidy, ‘including the basic salary and other compensation that are a counterpart of the specific execution of work, corresponding to the minimum duration of the vacation,’ as stipulated in Article 264, no. 2 of the Labor Code, without prejudice to more favorable provisions for the worker provided in collective labor regulation instruments or the employment contract.
The payment of the vacation subsidy must be made before the vacation is taken, unless there is a written agreement between the parties for the subsidy to be paid at a different time.
If the vacation is taken in parts, the proportional amounts corresponding to each vacation period must be paid before the respective vacation is taken, unless, as mentioned, there is an agreement between the parties for the payment of the subsidy at a specific time.”
