In the current labor market, itinerant and in continuous transformation, we may find ourselves faced with a new job opportunity or we want to carry out some training action to redirect our professional profile that we find incompatible with the performance of our current job.
As an alternative to the request for voluntary resignation from the company, which would entail the termination of the employment relationship, we have the figure of the voluntary leave of absence.
This figure, although it is known, usually generates a lot of doubts when applying for it as a worker or managing it as a company, given its limited regulatory regulation. Below, we present the most important points that we must take into account:
What does voluntary leave of absence mean?
The situation of voluntary leave, regulated in art. 46 of the Workers' Statute, produces a suspension of the employment relationship between the partiesTherefore, the worker will stop providing services and the company will stop paying salaries and the corresponding contributions.
The worker will not have a job reservation, but will have a preferential right of entry.
Who can request it?
Voluntary leave can be requested by those workers who have at least one year old in the company.
How should it be requested?
Except as provided for in the applicable Collective Agreement, the Workers' Statute does not make an express regulation. However, it is advisable to do it in writing.
In the application it is not necessary to indicate the reason why we request the voluntary leave (studies, another job opportunity, etc.), but if must contain in said writing the duration of this.
In accordance with the regulations, this will have a minimum duration of 4 months and maximum of 5 years and must be requested with a notice of at least 15 days, unless the Convention provides for a different period.
What procedures must the company carry out when requesting a leave of absence?
First, respond, preferably in writing, with the recognition of suspension indicating the dates of both its start and end.
Once the start date arrives, we must proceed to process the worker's withdrawal through the Red System. with indication of the code corresponding to the suspension due to exceedance and we will send the Company Certificate to the SEPE through the Certific@ tool, also, indicating the cause, in this case, voluntary leave of absence.
