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Do I have to return the money if my contract is terminated before the end of the year?

Since the beginning of the Covid-19 pandemic in 2020, the Ministry of Labor has taken various measures to protect employment.

One of the measures is the possibility for the employer to inform the employee, at least one day in advance of the contingency, of the date from which the employee will be granted early, collective or accumulated vacations.

However, there are currently no further regulations regarding early vacation. Thus, in our law firm, Cuadro Legal, with our expert team of labor lawyers, we took on the task of presenting the jurisprudence developed by the Supreme Court of Justice on this issue.

In this regard, at the time of granting early vacation, the employer must take into account the following:

 

  1. They must be remunerated with the salary that the employee is earning when he/she begins to enjoy them.

  1. If the contract is terminated before the year of service is completed, the employee may not be required to reimburse the amount received for vacation time taken in advance.

  1. When the employee completes one year of service, will not be entitled to be granted a new vacation period.

  1. The employee shall not be entitled to be readjusted with the last salary what he/she has already received for early vacation.

 

Any questions you may have regarding contracts, or feel free to consult our expert team of labor lawyers. Cuadro Legal, a law firm in Medellín with more than 8 years of experience.

Written by: Alejandra Cardona

Source: Legal Scope (February 11, 2021). If the contract terminates before the end of the year, the employee does not have to reimburse the amount received for early vacation. Retrieved from:

https://www.ambitojuridico.com/noticias/laboral/constitucional-y-derechos-humanos/si-el-contrato-termina-antes-del-ano-el

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