After a voluntary leave of absence, I have been in the new position for 2 and a half months and I run out next week. According to an individual from the UGT, he mentioned to me that no… My autonomous community is Catalonia. Hello, I have just requested a voluntary leave of absence for one year, since I have been summoned as an interim teacher. Since the school year will end in June, and it will not start until September, I have informed myself in the SEPE how I should request the corresponding benefit for those months in which I am not going to work as a teacher.
I have signed a letter where in theory I cannot provide services in a similar company. The drawback is that the last contract ended and at this moment I am still looking for a job but for now I am not approaching it. The legislation does not establish a period, but surely you have the right to do so. I found a job very close to my house, full day, but departure and I leave at 6.30.
I am on optional leave from my company, can I collect unemployment?
In the same way, it will depend on whether you can work or not depending on the leave of absence you take. If it is a voluntary leave of absence, in principle you can work and have the right to unemployment, but you do not have the job in the pharmacy saved. In any case, it would be necessary to check the agreement to give a more secure answer.
The question is the next one, I have a lot of listed unemployment and I would like to collect it while I dedicate myself to studying among other things, especially to contemplate costs. I understand that they made a suspension ERTE, if you are not included you can request reinstatement. If there was a stable commitment to sign an employment contract by another company, you will be entitled to unemployment. To do this, you need the company that was going to hire you to make a written communication indicating that they did not hire you due to the coronavirus.
What are the advantages of requesting a leave of absence to work elsewhere Voluntary Leave of Absence?
However, you can request, the company grants reinstatement to the outstanding, but you cannot demand it (your right of reinstatement) until the term is over. I have already requested a contribution from a lawyer from Barcelona that I consulted for leave of absence for child care. But he is in a fragile health situation… tomorrow I call the office again to be able to chat with another lawyer. I do not understand the situation very well, since I have only voluntarily taken a leave of absence as a precaution for my children, but I have not voluntarily terminated the employment relationship, rather they have fired me.
We could be in touch if you want and we’ll talk to see what happens. My contract here is for 6 months in which after this time the employer and worker meet to choose for both parties whether to continue in the position or not. Goodnight; I am thinking of taking a leave of absence from my company, but these last two months they have given me days off and they have paid me the normal monthly payment, I understand that I owe them the hours. Yes, you should be entitled to unemployment, based on contributions in the last six years and based on the last 180 days of contributions. There is no two-month leave of absence regulated by the workers’ statute for what you indicate, unless the agreement so indicates or you reach an agreement with the company. No, it is impossible to collect unemployment in a leave of absence with a position reservation.
Requirements and Obligations of Voluntary Leave
I have been informed by various people that it is feasible to request the benefit without the need to request reinstatement. In short, you cannot request this leave with the goal of working elsewhere, but it would be viable to work in another company if it allows you to reconcile work and family life better than in the company in which the leave is requested. Clearly, the worker receives an economic consideration for said agreement, but it is important to take into account that the agreement is in force for the duration of the employment relationship. Leave of absence is a right regulated by product 46 of the Workers’ Statute. It is a particular employment situation throughout which the worker has certain rights and obligations. If the worker accepts, the employment relationship is restored under the new conditions and there is no right to claim the difference between the remuneration of the initial position and the new one.
Finally, keep in mind that if you request leave of absence in January and work in the third month of the year, you may not have the right to a couple of years, since at the time you apply for unemployment you will not have six contributions full years, while you are going to have one or a couple of months without contributing. It can be forced, for the precaution of children or relatives, or optional. The compulsory leave of absence corresponds in any of the cases provided by law. Optional leave of absence can be requested without showing any reason. In short, if you have not signed any of these agreements, there is no problem for you to work elsewhere during your leave. Keep in mind that with voluntary leave of absence you have the right to re-entry.
At that time, the SEPE will ask us to prove that we have requested reinstatement in a timely manner and that the company will not reinstate us because they do not have a position. However, what if there is another job compatible with the need for which the leave was requested, that is, one that allows you to work and at the same time protect the child or family member? This is that, if you use the time to work in another company, you must verify that you are not engaging in competition or unfair competition. Four years have passed since the end of the previous voluntary leave of absence. In this case, the redundant worker is protected against purposeful dismissal. It computes for the purposes of the worker’s seniority in the company.
It is a habitual practice of the SEPE, it should be valid with the letter where you indicate that the leave has not ended. In any case, the company does not often put inconveniences to indicate that you still do not have the right to reinstatement and you avoid claims or requests. Yes, I have my letter where I request a «voluntary leave» and the one from the company as granted the «voluntary leave» there does not say anything about childcare.
I did not understand the question very well, but if you are on leave of absence, and you find a new job and it ends, in principle you do have the right to unemployment. It is different that you request a leave of absence without having another job, in which case you do not have the right to unemployment. But no, you cannot request unemployment «from another job or from other years», the question is whether you have the right now or not. Yes, you can request it, depending on how that «agreement» has been, since a dismissal cannot be agreed. When the 4 months of leave have passed, you must request reinstatement to your old company. You can continue to do a job at the second company, and by not applying for reinstatement at the first company, it would be considered leaving the position.
If it is one year, and you do not request reinstatement after one year, it is considered abandonment of the position. Request the extension, although the company has no obligation to admit it unless the agreement indicates otherwise, or you will lose any future rights. If you end another contract in another employment relationship, you must be compensated for that employment contract, you will not be compensated for the first contract. That is, the second company is not going to indemnify for the time in the first, since they are different companies. Hello, I have a daughter under the age of 3, in my company today I have signed a bond for the price of a 5-year training.