Whether or not you respond to your boss on vacation can have legal implications. What would they be? An expert lawyer explains to us.
In Colombiavacations are not a favor from the employer or a simple business benefit: they are a labor right enshrined in law.
After completing one year of work, every employee has the right to 15 business days of paid resta time designed to disconnect, recharge energy and attend to personal life.
However, in practice, this rest is not always as absolute as it should be. What happens if, being vacationthe boss calls you to ask you to return early or attend to a work matter? Can refusing cost you your job?
To clear up these doubts, in RCN RadioWe consulted Ángela Joya, auditor attorney at the International Legal Center, who explained what the law says and how far the employer’s powers go.
From the outset, the expert was clear: refuse to return from vacation before the agreed date does not constitute, in itself, a fair cause for dismissal.
“Vacation is a worker’s right and can only be interrupted under very specific conditions,” Joya said, citing article 187 of the Substantive Labor Code.
According to this standard, the interruption of rest It only proceeds by mutual agreement between the parties or by a serious cause that makes the employee’s presence essential.
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In that sense, if the employer demands the return without solid justification and without consent of the worker, the refusal cannot automatically be classified as insubordination.
“The law protects the right to restand any order that affects it must be legitimate, reasonable and strictly necessary,” explained the lawyer.
Now, Are there scenarios in which a just cause could be established? Joya specified that only in extreme cases. For a refusal to lead to a valid dismissalthe employer would have to demonstrate an exceptional, serious and immediate need, duly communicated, and that the worker’s behavior was openly rebellious or defiant, beyond a simple refusal.
The labor jurisprudence has been consistent in pointing out that the insubordination demands a legitimate order and directly related to the functions of the position.
About the faculty of interrupt vacation already granted, the lawyer clarified that the law does contemplate that possibility, but with clear boundaries. Article 188 of the Substantive Labor Code establishes that, if a justified interruption occurs, the worker does not lose the right to resume them.
“This means that the rest It is not eliminated or reduced: it is simply pause and must resume once the cause that led to the interruption ends,” he explained.
What does the law say?
Regarding judicial precedents, the trend is increasingly more protective of the worker. The Constitutional Court has reiterated that the paid vacation They are part of the fundamental right to rest and are closely linked to the right to disconnect from work.
Added to this is the Decree 2192 of 2022which reinforces the idea that, during rest periods, there should be no ordinary work contact.
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Although there is not one single sentence that regulates all possible scenarios, the current interpretation is wary of indiscriminate calls that frustrate the purpose of the vacation.
If the worker agree to return to his duties during the holidays, he also has clear rights. According to him article 188once the situation that motivated the interruptionthe employee must resume the pending days of rest. That is, it is not about “losing” vacations, but about rescheduling them.
Finally, Joya warned that a dismissal for refusing to return from vacation could be considered illegal. “The fundamental right to rest and disconnection from work would be violated,” he stated.
Furthermore, if the employer does not respect the disciplinary due process —charges, discharges and audience—, the dismissal can be contested. In these cases, the worker could claim compensation or even reimbursement, depending on the situation.
In conclusion, although work does not stop, vacations do have legal protection. Answer or not work call during that time it should not become a threat to job stability, except in exceptional circumstancesand duly justified.
