Voluntary leave: Everything the company and the employee need to know
Posted: Tue Dec 17, 2024 4:06 am
If you are working and need a period of time to take a sabbatical for any reason, to carry out a project, travel or study, voluntary leave can open the doors to this without the need to resign from your job . On many occasions we completely reject the request simply for fear of possible dismissal or simply due to lack of knowledge in this field.
This leave is called voluntary because the turks and caicos islands email list worker voluntarily decides whether or not to place himself in this situation to which he is entitled. However, this is where the paradox of its name lies, since when it is voluntary for the worker, it is a compulsory leave of absence for the company when it is requested by a member of the staff.
Effects of leave of absence
All the details about leaves of absence are regulated in article 46 of the Workers' Statute . By leaves of absence we refer to the situation in which the worker's work activity is suspended . Although in this post we will only focus on voluntary leaves of absence, there are also forced leaves of absence.
While the leave of absence is in force, the employment contract is not terminated but remains in force. This is the reason why the worker cannot apply for unemployment benefit .
In addition, the employee is released from his obligation to work and the employer, therefore, from paying his salary. Unlike compulsory leave, the duration of the leave does not count towards seniority.
Having said that, it is important to highlight that voluntary leave is not linked to the employee's right to reserve his or her job. The only thing it grants the employee is a preferential right to a job of equal or similar professional category, which exists or is produced in the company.
This leave is called voluntary because the turks and caicos islands email list worker voluntarily decides whether or not to place himself in this situation to which he is entitled. However, this is where the paradox of its name lies, since when it is voluntary for the worker, it is a compulsory leave of absence for the company when it is requested by a member of the staff.
Effects of leave of absence
All the details about leaves of absence are regulated in article 46 of the Workers' Statute . By leaves of absence we refer to the situation in which the worker's work activity is suspended . Although in this post we will only focus on voluntary leaves of absence, there are also forced leaves of absence.
While the leave of absence is in force, the employment contract is not terminated but remains in force. This is the reason why the worker cannot apply for unemployment benefit .
In addition, the employee is released from his obligation to work and the employer, therefore, from paying his salary. Unlike compulsory leave, the duration of the leave does not count towards seniority.
Having said that, it is important to highlight that voluntary leave is not linked to the employee's right to reserve his or her job. The only thing it grants the employee is a preferential right to a job of equal or similar professional category, which exists or is produced in the company.