The Supreme Court specifies the permission for marriage: the fifteen days start counting from the first working day

The Labor Chamber of the Supreme Court has ruled that the 15-day paid leave for marriage to which all workers are entitled must begin on the first working day following the celebration of the wedding and not the day on which it occurs, when is held on a non-working day for the worker.

It is a sentence that pronounces on a specific precept of the state collective agreement of Temporary Work Companies, but whose interpretation can be extrapolated to the Workers’ Statute, since its wording is similar, according to UGT.

In this way, the ruling agrees with the Federation of Services, Mobility and Consumption of the union and creates jurisprudence, correcting the criteria maintained by the National Court, which differentiated between short and long permits, granting a different treatment in terms of the date of your enjoyment.

Specifically, the National Court considered that the marriage permit should always be computed from the date of celebration, even if it was on a non-working day for the worker. Article 27 of the Workers’ Statute establishes the maximum period of enjoyment of the permit is 15 calendar days but leaves the moment from which they begin to be counted unspecified.

This last sentence also dismisses the appeal of the Asempleo business association, which maintained that the rest of the paid leave, such as birth, illness or death, should be computed from the moment of the causal event, whether or not it was a working day for the worker.

In turn, the ruling of the High Court unifies the criteria for starting the calculation for all paid leave included in the Workers’ Statute, such as marriage, death, serious accident or illness, hospitalization or surgical intervention.

“From FeSMC-UGT we are pleased with this judicial resolution, which anticipates the ruling of said Court in two other procedures pending cassation on this same matter and that affect the collective agreements of Consulting and Engineering Companies, whose sentences will be notified in the next few days,” declares the union.