The Superior Court of Justice of Madrid (TSJM) determines that workers on voluntary leave can only return to the company if there is a vacancy in a similar position.
Published 3 months ago · Labour Market
Reading time: 27s · Source 158s · · eleconomista.es
Sentiment: · · ·- Workers on voluntary leave can only return if there is an available position of equal or similar category.
- If no vacancy exists, the worker must wait until one becomes available.
- The right to return is conditional and not unconditional; it depends on the availability of a position.
- The ruling may influence other courts in Spain despite not being a formal precedent.
- Workers have the right to request voluntary leave for a minimum of four months and a maximum of five years, with re-entry requests made at least fifteen days before the end of the leave.
- If a company denies re-entry due to lack of vacancy, it does not constitute dismissal unless they fail to offer the position when it becomes available.
Find out the mood, impact, relevance and relevant interest groups
Analyses of the article
SENTIMENT
The article presents factual information about workers' rights and conditions for returning from voluntary leave without expressing a positive or negative opinion.
IMPACT
Short
The impacts of this ruling are noticeable in the short term as it directly affects workers' rights and company policies regarding voluntary leave.
RELEVANCE
Moderate
The ruling is of moderate importance as it pertains to employment rights in Spain, affecting workers and employers but not a broad audience.
STAKEHOLDER
public
The article primarily affects the public, specifically workers and employers in Spain, regarding their rights and obligations.