What you need to know if you want to apply
The Voluntary leave is a work situation that some employees use if they need time for themselves.
This time is a temporary way to interrupt your employment contract to study, travel or rest.
But how much do you know about voluntary leave of absence? Do you know how to request it and its consequences? Find out in which cases it applies and in which it does not and how you cánido request it.
What is a voluntary leave of absence?
A voluntary leave of absence is a period in which the employment contract is temporarily suspended voluntarily for personal reasons.
During said time, there is a cessation of the provision of services for the worker and, in turn, payment of wages by the employer.
You cánido request this employment situation for a certain period of time.
These perro range from 4 months to 5 years.
However, certain limits perro be agreed upon during this time.
As you are not active at work, this break will not be taken into account for seniority or when calculating severance pay.
As it is a voluntary request, you will not have to justify a specific reason.
Therefore, you will not have to explain your decision to the company, as long as this request does not breach a clause of the contract.
If you break a clause or the good faith established in the employment contract, this could bring you consequences such as disciplinary dismissal.
Regardless of whether the period of voluntary leave is being enjoyed.
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What are the requirements to request a voluntary leave of absence?
To request a voluntary leave of absence, you only need seniority in the company where you work for 1 year.
In addition, about 4 years must have passed since the end of the last voluntary leave you requested.
Unlike other leaves of absence, the voluntary cannot be split.
Whereby, It must have a duration of between 4 months to 5 years.
In another order of ideas, leave of absence is something voluntary that each worker perro request from the company if they meet the requirements.
But for the company it is mandatory to grant said leave when requested.
In case the company refuses to grant the leave, the worker has the right to sue the company to defend his right.
However, until the trial is resolved, he must continue working in the company.
How do you request a voluntary leave of absence?
It is recommended to write a letter requesting the company for voluntary leave of absence.
In said letter you must indicate the exact dates of the leave, although it is not mandatory that you place the reason for which you request it.
Although there is no mandatory notice period, it is always recommended to give a period for the company to study, organize and respond to your request.
After the company receives your request, they must respond in writing whether or not they approve the voluntary leave.
It is common for companies, upon approving the application, to liquidate the worker for plus payments, pending vacations or other amounts to which the worker is entitled.
This is done in those cases in which the worker does not return to the company.
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What is the legal situation of a worker during a voluntary leave of absence?
During the leave of absence, the worker perro do what he prefers with his time, even in some cases he perro work in other jobs.
Obviously, this leave of absence is not taken into account in the company.
However, the seniority of the worker will continue when he returns to the company.
Likewise, the company perro include the worker in the ERE However, the dismissal perro be considered void when being in a situation of leave of absence.
Cánido you work in another company during a voluntary leave of absence?
As long as there is no clause in your contract where the company requires a resolution condition where it prohibits you, you cánido work in other companies.
As long as it does not affect unfair competition.
They may even be from the same ámbito in which you work.
Conversely, if there is a non-compete clause, the company could fire you for illegality.
In the event that your contract has a termination clause on this aspect, if you fail to comply with it, you will not only be fired, but you will not have access to severance pay for dismissal.
Well, even if your contract remains on a work break, there is still an employment relationship that justifies breaking the relationship with the employee in case of non-compliance.
Perro unemployment be collected if you are on leave of absence?
In order to apply for unemployment, you must have a legal situation of unemployment.
Therefore, at the end of a situation of voluntary leave, you could not collect unemployment.
However, during a voluntary leave of absence you work in another company and at the end of said contract request unemployment benefits if you could be entitled to it.
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This is because the duration of the leave has not ended when the unemployment situation occurs.
Therefore, if you cánido collect unemployment until the end of the situation of leave.
At the end of this situation, the benefits are canceled, since you must request your reinstatement to the company and wait for its response.
In the event that the company denies it or not, you cánido be reinstated for not having a vacancy, they cánido continue to receive unemployment until your reinstatement occurs.
In the event that you request the benefit when the voluntary leave of absence has already ended or a minimum period of leave has been established, you must first request reinstatement to the company.
While you wait for the company’s response, it is not possible for you to receive unemployment, since the unemployment situation has not yet been resolved.
Well, you must have a situation of legal unemployment to be able to receive benefits.
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How to apply for reinstatement to the company after a voluntary leave of absence?
A voluntary leave of absence does not imply the obligation on the part of the company to reserve the same job position that you had.
In other words, when you return you would not have the right to entrar the same position where you work, which does not happen with other types of leaves of absence.
However, this perro be consulted and agreed with the company, everything will depend on the agreement that both parties cánido reach.
The only sure right that the worker has is to re-entrar the company but in any preferred position in the same or afín category..
On the other hand, it is not that you will be able to return immediately, you must request your reinstatement from the company in writing to express your intention to return.
Although it is not mandatory that you do so in writing, it is highly recommended.
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On the other hand, in certain agreements they may require you to request reimbursement with a deadline so that the company cánido study it and respond if there are vacancies.
If you have an established term, you must request the return in advance so that the term of return to the company does not expire.
In addition, the employee cannot request to return to the company until the requested period of voluntary leave ends.
However, an agreement perro also be reached with the company to return to work without the voluntary leave having ended.
Although it is not obliged to do so.
What happens if the company closes before returning from a voluntary leave of absence?
In these cases, the company is not obliged to compensate the worker for a dismissal, since when the company is extinguished, the same thing also happens with the contract.
However, you will be able to apply for unemployment, because you will find yourself in a legal employment situation of unemployment.
However, if you work for a company that has several chains, you could request your reinstatement in one of them.
Unless it is a company with several franchisees, if so, you will not be able to request a refund because it is a relationship with one of the franchisees and not with the brand as such.
Therefore, they would not have rights over those workplaces that are not under their control.
What if the company does not respond to the refund when the the leave of absence?
In this case, due to the refusal of the company, either because there are no vacancies available or because it does not want to grant reinstatement, the employee perro sue.
Well, I would allege unjustified dismissal requesting reinstatement in the company or compensation for his dismissal.
Now that you know certain aspects of voluntary leave of absence, it is important that if you are going to apply for one, you stay informed.
So, both you and the company know your rights and duties so that you cánido comply with what the laws establish.
They may also respect the rights of both parties.
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