Is the part-year of vacation owed to someone who resigns?
Código de Trabajo art. 187
The days run since the last anniversary, paid with the 30% surcharge. On a resignation two months past the anniversary that is 2.5 days of vacation: around $45 at the commerce minimum wage ($403 a month), around $110 on a salary of $1,000.
The two readings
The text of article 187
The article grants the proportional part "cuando se declare terminado un contrato de trabajo con responsabilidad para el patrono, o cuando el trabajador fuere despedido de hecho sin causa legal", and the next sentence names what someone whose contract ends without employer responsibility does keep: the vacation of the continuous year already completed. The fraction of the year under way is not in that second sentence. Read this way, a worker who resigns does not take it.
What the MTPS service does
The official statement this calculation reconciles against is a voluntary resignation — its $26.88 daily base is two daily minimum wages, the cap in article 8 of the resignation law, and the benefit runs at 15 days a year — and it still prints $90.16 of proportional vacation for the 54 days past the last anniversary. The ministry pays the fraction on a resignation.
Why
There is evidence to follow here, and it is followed. The MTPS statement is a document with figures on it, and this calculation reproduces it to the cent: applying the literal text would erase that $90.16 line and the site would stop agreeing with the official service on every resignation. Where a text and the ministry's practice differ, this calculator applies the practice and names the text.