What counts is total service in the profession, not the time served with you. Article 21 of Law No. 5953 sets this out plainly: seniority is calculated by reference to service in the profession, not to service at the same newspaper.
The Critical Sentence
Article 21 goes one step further and closes the gaps: in calculating annual leave, the seniority of those falling within the definition of "journalist" is determined by total service in the profession, whether the employment contract continued or was re-formed after breaks.
A Worked Example
Take a reporter with the following history:
| Period | Where | Duration |
|---|---|---|
| 2012 – 2016 | Newspaper A | 4 years |
| 2016 – 2018 | Outside the profession | — |
| 2018 – 2025 | News agency B | 7 years |
| 2026 | Joins your outlet | 0 |
Total service in the profession is eleven years. Because that exceeds ten, they are entitled to six weeks of annual leave even in their first year with you. The gap between 2016 and 2018 does not disturb the calculation.
Had the same person been covered by Law 4857, they would have been entitled to 14 days in their first year. The difference is roughly four weeks.
How Do You Document Seniority?
Seniority rests on documents, not assertions. What to ask for at recruitment:
- Service certificates from previous employers
- Social security service record — showing work within the scope of Law 5953
- Press card and card history, if any
- Previous written employment contracts
Article 4 already requires the journalist's seniority to be stated in the contract. Basing that field on documents when the contract is signed is the cheapest way of not reopening the leave and severance calculation years later.
The Same Test Applies to Severance
The professional seniority test is not limited to leave. Under Article 6, seniority for severance pay is also calculated from first entry into the profession.
The notice period, by contrast, works differently; this is covered in the notice period article.
One Exception: Severance Already Taken Once
Article 6 provides that where a journalist has once received severance pay, their seniority is calculated from the date they entered the new job. But the same sentence leaves a door open: an agreement between the employer and the journalist to the contrary is valid.
This is covered in the severance reset article.
Bottom Line
Annual leave is calculated on total service in the profession; breaks in the employment relationship do not disturb the calculation. An experienced journalist you have just hired may therefore be entitled to long leave from day one. Seniority must be documented at recruitment and written into the contract.