Can you take back from a volunteer low? Legal Guide for Workers
In the field of employment, workers have the opportunity to make important decisions regarding their employment contract, one of which is voluntary leave. However, workers may sometimes regret their decision to end the employment relationship and wonder whether they have the option of retreating from a voluntary leave. In this article, we explore the existing legal regulations on the retraction of a voluntary leave, how it is regulated according to the Workers' Statute and the key aspects that employees should consider.
What is voluntary leave?
Voluntary leave is a unilateral act of the worker which involves the decision to end the employment relationship with the company, without a dismissal or a cause attributable to the employer. This action is based on the worker's will and does not generally require the employer's authorization. However, voluntary leave has significant consequences for the worker's labour rights, such as the loss of dismissal compensation and the possibility of not having access to certain social benefits.
Can you retract a voluntary leave?
In principle, voluntary discharge is an irrevocable act. This means that once the worker has made a decision to terminate the employment relationship, he cannot reverse it without the consent of the company. However, there are exceptional situations that may allow the worker to retract from his or her voluntary leave, depending on the agreements reached with the employer or the circumstances surrounding the leave.
Legal basis
The Workers' Statute (Royal Legislative Decree 2 / 2015 of 23 October) provides that voluntary leave, as a unilateral decision of the worker, does not result in an automatic revocation procedure. In other words, the worker cannot be unilaterally retracted. However, there are certain nuances that should be taken into account:
- Article 49 of the Workers' Statute provides that, in the case of voluntary leave, the worker is not entitled to compensation, as this is a decision taken freely. However, in some exceptional cases where the worker can demonstrate that there was coercion, undue pressure or vices in consent, it may be possible to reconsider voluntary leave.
- Article 40 of Law 36 / 2011 of 10 October 2011in which the process of resolving labour disputes is regulated, it also provides that in certain cases, such as when voluntary leave is signed under deception or coercion, the worker may file a complaint with the judge to declare the leave invalid and to revoke the decision.
In what circumstances can the worker be retracted from voluntary leave?
While the general rule is that voluntary leave cannot be modified or reversed, there are situations where the worker may attempt to retard:
- Coercation or deception:: If the worker can prove that the decision to sign the voluntary leave was taken under duress, threats or deception by the company, he could file a complaint with the courts to annul the voluntary leave.
- Error or vice in consent:: If it is proved that the worker signed the voluntary leave under a substantial error (for example, without knowing the legal consequences of his decision), he may request that the leave be declared invalid.
- Agreement between the partiesAlthough not usual, in some cases the worker and the employer may agree to reverse the voluntary leave. This depends on the goodwill of both sides and the context of the employment relationship.
What if the worker retreates from voluntary leave?
If the worker tries to retract from voluntary leave, it is essential that he contact the company and state his willingness to reconsider his decision. In many cases, the company is not obliged to accept this retraction, as voluntary leave is a decision that affects the employment relationship in a definitive way.
If the company does not accept the retraction and the worker cannot prove that there was an error or coercion, the worker must follow the legal procedures established for the termination of the employment relationship, such as applying for the unemployment benefit or, if appropriate, file a complaint if he considers that the leave was unfair or the right legal conditions were not met.
Implications for the worker
If it is not possible to withdraw from voluntary leave, the worker loses certain rights related to dismissal. In principle, he is not entitled to compensation, except in exceptional circumstances, such as when the employer fails to fulfil any of his legal obligations.
On the other hand, the worker may have access to unemployment benefits if he meets the requirements laid down by law, such as having made sufficient contributions and not having signed the voluntary leave within a period close to the time of application for the benefit.
Conclusion
Voluntary leave, in general terms, is an irrevocable act in Spanish legislation. However, there are exceptional situations that may allow the worker to retract from his decision, such as coercion, deception or vices in consent. In any case, if a worker is in a situation where he / she wishes to reverse his / her voluntary leave, it is advisable to seek the advice of a lawyer specialized in labour law, who can guide him / her on the steps to be taken to defend his / her rights.
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