If any of your workers informs you that they want to enjoy a voluntary leave of absence, what should you take into account?
Any worker with at least one year of seniority in the company has the right to be recognized for the possibility of being placed on voluntary leave for a period of no less than four months and no more than five years. This right may only be exercised again by the same worker if four years have elapsed since the end of the previous voluntary leave.
There is no legal notice for the request for voluntary leave, so it will be necessary to review what is established in the applicable collective agreement. If the agreement does not establish anything, it is recommended that the worker give notice 15 days in advance, and the employer can take a logical and sufficient period to study the request and answer the petition.
Likewise, voluntary leave cannot be enjoyed unilaterally. If the employer refuses to recognize his right or does not respond to his request, the worker may request its recognition before the social jurisdiction, but he will not be able to start enjoying it until it is recognized by the employer or the courts.
The worker in a situation of voluntary leave will retain only a preferential right to re-entry in vacancies of the same or similar category to theirs that exist or occur in the company, but will not enjoy the reservation of their job, unless this is agreed individually or is established in the applicable collective agreement.
Our professionals will inform you about all the aspects that must be taken into account regarding requests for voluntary leave.