SATURDAY HOLIDAYS WILL BE COMPENSATED WITH A DAY OFF

A recent ruling by the Supreme Court, 997/2024, has changed the rules of the labor game. From now on, when a public holiday coincides with a worker's weekly rest, the company will be obliged to compensate it with an additional day off. This doctrine puts an end to a common practice that especially affects those who work from Monday to Friday and see how they lose public holidays when they fall on a Saturday.

The High Court's determination, which has established case law, is based on the principle that all employees are entitled to the same number of days off per year , regardless of the shift or working day. This avoids comparative grievances between workers in the same company who perform similar functions but have different work schedules.

The ruling is reflected in article 37 of the Workers' Statute and in Royal Decree 2001/1983, which regulates working hours and rest periods. The former clearly establishes that working holidays are "paid and non-recoverable", which differentiates them from ordinary weekly rest periods. This distinction is fundamental to understanding why both concepts cannot overlap without compensation.

For its part, the Royal Decree included in the BOE provides in article 47 that when for technical or organizational reasons a public holiday or the corresponding weekly rest cannot be enjoyed, the company is obliged to compensate the worker. This compensation may consist of an additional 75 percent payment on the hours worked or in a compensatory rest.

The Supreme Court's interpretation concludes that public holidays and weekly rest are autonomous rights that cannot be merged. If an employee's usual day off coincides with a public holiday, this cannot be considered automatically enjoyed, but requires specific compensation to guarantee equal working conditions . There are two types of mandatory compensation, or the granting of a day off on an alternative date agreed with the worker or financial compensation if the collective agreement expressly provides for it.

Who benefits?

This measure affects workers with conventional schedules from Monday to Friday, but also those with rotating shifts from Monday to Sunday, ensuring that no public holiday is missed to coincide with the weekly rest.

How will it be applied to different sectors?

Although the ruling establishes a general principle, its application will depend on the collective agreements of each sector. Companies must adapt their holiday calendars and policies to ensure that workers receive the corresponding compensation for public holidays that coincide with their breaks.

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