The TSJ highlights that companies must actively and transparently guarantee that workers can exercise their right to rest. In addition, vacations not taken can be claimed after the deadline if the employer has not facilitated their enjoyment.

The ruling resolves the appeal (no. 77/2024) against a ruling by the Social Court No. 1 of Pamplona-Iruña that had already partially upheld the claim, a procedure for claiming an amount in which the payment of 9,728.32 euros for owed salaries was requested, in addition to 10% of the interest for late payment.

Mr. Eulogio was providing services for a company in the construction sector as a specialized laborer, since 5/25/2020, covered by the Navarra construction collective agreement. In the lower court ruling, the company was ordered to pay 4,045 euros gross for salary differences plus 10% interest.

The worker, not satisfied with the sentence, filed an appeal. He alleged that article 7 of Directive 2003/88/EC and article 31.2 of the EU Charter of Fundamental Rights were violated, requesting the recognition of additional compensation of 2,022.51 euros for vacations not taken in 2021.

The TSJ of Navarra partially upheld the appeal, increasing the sentence to 6,067.51 euros, distributed as follows:

• 4,045 euros for salary differences, confirming the lower court sentence.
• 2,022.51 euros for compensation for vacations not taken in 2021.

The Court reaffirmed the principle that the right to vacation should not be restricted by the passage of the calendar year, if the company has not fulfilled its responsibility to guarantee its effective enjoyment, granting the worker the right to receive compensation for vacations not taken.

What were the arguments of the Superior Court of Justice of Navarra to partially consider the appeal?

The European Court has clarified that if the worker has not been able to take his vacation for reasons beyond his control (such as illness), the right to vacation is not lost at the end of the corresponding calendar year. Furthermore, according to article 38 of the ET, the right to rest days extends until 18 months after the end of the calendar year in which they accrued. If the employer does not demonstrate that it has adequately informed the worker about the possibility of enjoying their rest days, the employer will be obliged to allow them to be enjoyed outside that period, during the following year.

The TSJ based its decision on jurisprudence of the Court of Justice of the European Union (CJEU), in particular in the judgment of 6 November 2018 (C-684/16) and the doctrine established in case C-120/2021, which oppose national legislation under which a worker's right to paid annual leave may be extinguished at the end of a deferral period authorized by national law, if the employer has not offered the worker the opportunity to exercise that right appropriately and in a timely manner.

Companies have the obligation to promote the enjoyment of vacations and to guarantee that workers can effectively enjoy their vacations.. This implies active and diligent action by the employer so that the worker is informed, in a precise and timely manner, about their right to rest. The company cannot simply claim that the worker did not ask for his or her vacation, but rather that it must have formally urged the worker to take it.

In this case, the TSJ considered that the company had not acted with diligence due to guarantee that the worker enjoyed his vacation, even though these had not been enjoyed during the corresponding calendar year (2021). The company could not prove that it had formally urged the worker to take them. Therefore, the Court considered that the worker's right to enjoy his vacation had not expired after 12 months in accordance with art. 59 of the ET, which establishes a period of 12 months, because the company did not comply with the obligation to promote their enjoyment, therefore they had to be compensated, although outside the limitation period.

Therefore,the TSJ recognized the right of the worker to receive financial compensation for vacations not taken, raising the amount claimed to 2,022.51 euros, in line with the jurisprudence of the CJEU,which allows financial claims for vacations not taken beyond the usual period of one year if there has been no diligent action on the part of the employer.

The Superior Court of Justice of Navarra reaffirms the principle that the right to vacation should not be restricted due to the passage of the calendar year if the company has not fulfilled its responsibility to guarantee its effective enjoyment, granting the worker the right to receive compensation for vacations not taken.