In these cases, many people do not realize the possibility of requesting a leave of absence from work due to lack of knowledge of what it is or the risk it poses for the western sahara email list worker, since at the end of this he or she may find himself or herself on the street. Although we must remember that under the name of leave of absence hides a right that we have as workers.
Regulated in article 46 of the Workers' Statute , leave of absence refers to a situation in which a worker suspends his or her work activity, and does not receive his or her salary during the time he or she is on leave of absence. They are divided into two groups: voluntary and forced leaves of absence . Please clarify any small doubts you may have about each one.
Voluntary leave of absence
By requesting voluntary leave , the employee will see his or her contract suspended for a period of time. Unlike forced leave, the employee does not need to provide any legal reason or explanation to be granted this period of time.
As a general rule, employees can request such leave provided they have been with the company for one year and have not taken another voluntary leave of absence during the last four years, counting from the end of the previous leave of absence. As for its duration, it can be requested for a period of more than four months and less than five years.
However, not everything is an advantage. Since the employment contract is suspended, we will no longer receive our salary and will no longer be counted towards seniority and contributions. We must also be aware that this type of leave does not give rise to the reservation of the job.
That is, upon return we will not be guaranteed to be able to return to our position. We can only be guaranteed preference over other new candidates for re-entry into a vacancy of the same or similar category, unless something different has been agreed in the agreement. If upon return and after having requested it, the company refuses to reinstate the employee when there are positions to fill, it would be considered a dismissal.
If we decide to ask for it to be able to put that project we want so much into life or to take care of a child, we must write a request to the company at least one month in advance so that the company can organize itself. In it we will have to specify the duration of the request.
