Changing jobs while on vacation? Legal issues to consider

Is it possible to change jobs during vacation?

Yes, it is. The employee can accept a new job offer while on vacation, but must comply with the legal requirements to terminate their current employment relationship.

The law recognizes that vacation is a period of personal rest, and employees are free to decide how to use it. However, there are limitations related to unfair competition and exclusivity clauses.

Submitting a voluntary resignation

If the employee decides to join a new company, they must submit their voluntary resignation to their current employer.

Notice period

• The Workers’ Statute does not set a specific period, but collective agreements or contracts usually require between 15 and 30 calendar days.

• The notice period runs even during vacation.

How to communicate it

Resignation must be communicated in writing and in a verifiable way, preferably through:

• Burofax (certified mail in Spain).

• Email with acknowledgment of receipt.

• Hand delivery with employer’s signature.

Consequences of not giving notice

If the notice period is not respected, the company may:

• Deduct from the final settlement the unfulfilled days.

• Apply a financial penalty, if provided by the collective agreement.

Can the employee work for another company during vacation?

In principle, yes. The Constitutional Court has ruled that vacation time is a period of personal freedom. However, there are two important exceptions:

1. Unfair competition: if the new job is in the same sector and the employee uses confidential information from their current company to benefit the new one, this may be considered misconduct.

2. Exclusivity or full dedication clause: if the employment contract includes such a clause and the company pays compensation for it, the employee cannot work for another company, not even during vacation.

Unused vacation days and severance pay

At the end of the employment relationship, if the employee still has unused vacation days, the company is obliged to pay them in the final settlement.

• The payment will correspond to the salary for those days.

• The company cannot force the employee to take these days during the notice period, unless both parties agree.

A job change during vacation is legal and possible, provided that notice periods, communication methods and contractual clauses are respected. For companies, knowing these rights and obligations is essential to ensure a smooth transition and avoid labor disputes.