A job, for many people, entails greater sacrifices than they expected to execute when they started a employment contract with a commercial entity, When a contract is signed, it is understood that its compliance is linked to legal and legal norms, no one goes unpunished for breaching a contract, at least not in the eyes of justice.
The cases in which the labor demand entails a distancing from the other responsibilities of each individual in their personal and private life, they are the most common for which there is a leave, we never know what will be the demands that our private life or that of our employees will be able to make on us and in this limited period certain benefits, permits and agreements that are established for the the welfare of the worker or employee and that of the business entity in question.
Here is the most important thing to know about the leave of absence: the types of exceedances that exist and the nature of each of the cases, All of them are handled in a generalized way and may contain other specifications when it is a case that is too specific, so we suggest that you pay attention to which of the drop rates may be of interest to you for the situation you are going through at the moment. or basically as part of a query.
What can we say about a leave of absence?
- We can establish the "overcoming", such as the suspension of a contractual relationship that already existed between a business entity or employer and its employee or worker, as a majority decision of the employee or worker, this for causes that come directly from the interests of the employee or worker.
- Thus, leave It occurs when a worker or worker decides to stop working with the company within and for a specific period of time.
- Leave It is part of the decision made by the worker or employee to suspend their work with the business entity to resume some tasks in personal and private life or to work for a time with some other business entity outside or joint to the previous one.
What are the types of leave of absence?
We have already commented previously, the leave of absence is the decision that the worker makes regarding the suspension of his contractual relationship with the commercial entity, the reasons can be several, whether personal, private, labor, discomfort, non-conformity, etc.
The important thing is also to distinguish the different classes of license and the reasons for which they are characterized.
From here begins a list of each of the license types, its nature, its reason, its characteristics and the most relevant things to know about each type of leave of absence:
Type of compulsory license.
Within this type of leave of absence, The business entity in question has the obligation to provide its employee or worker with the opportunity to take a leave of absence, as long as they continue to be an employee or worker with a suspended contract.
This implies that the business entity will have the obligation and must "save" or "preserve" the place or job that corresponds to its employee or worker in question, also maintaining its seniority as a worker and employee that is part of the business of the company. entity.
This type of improvement occurs due to specific situations that we show below:
- The employee or worker in question is a creditor or has obtained a public position, which would not allow him to attend to his obligations and tasks inherent to his job in the company.
- The employee or worker in question has union duties that put him in situations and trips outside the company and away from his activities, tasks and work obligations typical of his job in the company.
Type of voluntary withdrawal.
Within this type of leave of absence, it is completely necessary that the employee or worker in question has worked for the company for at least and / or at least 1 year.
An important characteristic regarding this type of leave is its duration, its duration cannot be less than 4 months or more than 5 years.
However, another important point that should be mentioned about this type of leave of absence and perhaps that is why it is also considered one of the most risky leave of absence, this is because in this case the business entity is not obliged to maintain the position of job. of the employee or worker at the end of the leave of absence, for which that job could be handed over to another equally qualified person and with the best skills to perform it, but not everything is so bad, the employee or worker will have a certain preference over any other vacancy that meets the skills of the same category or equivalent to yours. Even so, it is still part of a very large risk due to the opportunity of losing the job, the position and the position, as well as the seniority itself.
Type of leave for the care of relatives or children in charge of the employee or worker.
Within this type of license, the employee or worker has to fulfill their obligations as a parent, legal guardian or with a relative in question. The workers and employees of the company have the right to request leave of absence to do so with their children and thus fulfill their parental or maternal obligations, as the case may be.
This type of license has maximum duration of 3 years, regardless of whether the child is biological, adopted or foster. The term is counted from the birth or from the date of the judicial and / or administrative resolution that has been carried out.
Workers and / or employees have the right to enjoy this type of leave to care for relatives who meet the requirement of being up to a second degree of consanguinity, same relatives who for reasons of health, age, dependency or other circumstances, need the assistance of the employee or worker to carry out their care. In the latter case, it is feasible that the leave of absence lasts a maximum of two years, as long as the collective agreement does not indicate that it can be extended to a longer or longer term.
As an interesting and important feature of this type of license, the company only has the obligation to maintain the job of the employee or worker, only within the first year.
Afterwards, only a preferential right will be maintained towards the employee or worker who has requested this type of leave of absence, with the opportunity to compete with other vacancies that meet the same or better skills, this being a risk for the employee or worker requesting this type of leave. leave of absence, even losing his job within the company.
However, the term of protection of the job can be extended depending on the qualitative circumstances that respond to your specific case:
- An extension of up to 15 months for beneficiaries with a large family and general category.
- An extension of up to 18 months for beneficiaries with large families and special categories.
Can the company you work for refuse to grant the license?
This is not feasible, basically it cannot happen thanks to the various protections that exist in favor of the employee or worker and their inalienable rights.
Leave of absence is regulated as a labor law in post 46 of the Employees Statute, so the commercial entity cannot prohibit the right to leave the employee or worker.
A right that the company in question has is to deny the worker's re-entry if the company does not have the vacant positions for which the employee or worker requesting leave requests to re-enter.
Is it feasible to collect unemployment during the holidays?
This part may not be clear to many people, despite everything, it has many perspectives. The employee or worker may not request or request a leave of absence from work within the company to collect unemployment and thus return later to the same commercial entity when the term of the unemployment benefit has ended.
Nevertheless, the employee or worker You have the right to seek and perform work in other third-party or mixed companies that have been granted the term and the right of leave of absence. From this dynamic, the employee or worker may collect the leave of absence with the company that requested it, as well as being able to work in another company and then collect unemployment benefit, as long as the employee or worker complies with the requirements demanded and demanded by the input.
If this is the case, the employee or worker may receive unemployment benefit as long as the deadline in which their leave ends is not met. In the same way, it would be feasible that after the leave of absence he could not re-enter due to lack of vacancies in the company.
