Can I Be Fired If My Boss Demands I Return to Work During Vacation and I Refuse?

Labor and Employment attorney Camilo Cuervo was cited in an Asuntos Legales article examining whether an employee can refuse to return from vacation when asked to do so by their employer and the potential disciplinary consequences of that decision. Although some professionals interviewed by the publication pointed to the inalienable nature of the right to rest and the principle of disconnection from work, Mr. Cuervo explained that, in light of the principle of good faith and business needs, an employer's call to return may create a duty of cooperation for the employee and failure to comply could have significant employment consequences.

"If the employer has sufficient grounds to suspend the vacation period and the employee refuses to return, I believe this would amount to a serious breach of obligations that could even lead to sanctions, suspension or termination of the employment contract," he said.

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