A Spanish labor lawyer has used a social media video to explain whether a company can order an employee to start their holiday from one day to the next simply because there is less work. Nacho de la Calzada, who posts online as Un Tío Legal and through the account @laboral_tips, addressed the question by acting out a fictional exchange between a boss and a worker.
In the video, the boss character tells the employee that they will be starting their vacation the next day because there is no work. The employee then pushes back, citing Spanish employment law to reject the order.
De la Calzada, playing the employee, said that under Article 38 of the Workers' Statute, vacation dates have to be agreed jointly by the company and the worker, not set by the employer alone.
What the law says about vacation notice
The lawyer added that Article 38.3 of the statute requires workers to be told their vacation dates at least two months in advance. Because the boss in the scenario was demanding the employee take leave starting the very next day, De la Calzada argued the order was unlawful.
He had the employee character respond that the law required two months' notice under Article 38.3, and that being told the day before was completely illegal. The employee said they were open to discussing the dates and reaching an agreement, but not to having them imposed.
Threats and the risk of unfair dismissal
In the recreation, the boss then warns the employee that there could be consequences for refusing to accept the imposed vacation. De la Calzada's character replies by asking what consequences there could be, since the employee was not breaching any rule, while the employer was.
The lawyer went further, arguing that if a company dismissed a worker for refusing vacation dates imposed under those conditions, the dismissal could be ruled unfair, known in Spanish law as "improcedente." He closed the scene with the employee telling the boss that if fired, the dismissal would be unfair, meaning severance pay, unemployment benefits, and a search for a job somewhere the employee would be valued more.
Reaction from workers
Through the example, De la Calzada wanted to remind viewers that a vacation period cannot be set unilaterally without following the safeguards set out in employment law. His message was that the holiday calendar must be agreed by both the company and the worker, and communicated with the notice period the law requires.
The post drew numerous reactions from workers who said they had experienced similar situations during the summer months. Beyond the format used to explain it, the video highlighted an area of employment law that continues to generate confusion, and underlined the importance of knowing the rights set out in the Workers' Statute before accepting a decision an employee disagrees with.
