Voluntary leave is the withdrawal of the worker from the contractual relationship with the employer. Many circumstances can lead the worker to make the decision to end their relationship with the company, but it must be emphasized that this voluntary termination is a right of the worker, who cannot be forced to remain in employment and is part of the right of every person to work and choose their job.
\nRegulation of voluntary withdrawals<\/p>\n
In order to take an orderly approach to the legal system, we will begin by describing what the Spanish Constitution tells us about workers' rights. In article 35 we refer to the right of all Spaniards to work, including the free choice of profession or trade. Based on this constitutional precept, it is concluded that any worker can change freely when he or she considers it convenient. Furthermore, the article also recognizes the right to promotion through work, which may also be interesting to the extent that voluntary leave can mean a transition to a job of better professional quality.
\nOn the other hand, we must examine the situation of workers to find the corresponding regulatory development. Article 49.1, which refers to the termination of a contract, establishes that the contract is terminated by dismissal of the employee, specifying that there must be a notice period that varies depending on the agreement or custom.<\/p>\n
Prior notification to the company of your voluntary resignation<\/p>\n
It is important to specify in the applicable collective agreement the notice period for voluntary leave, which is usually 15 days, although it can be longer, up to two months. If the collective agreement does not mention advance notice, it is common for this to be notified 15 days in advance, preferably in writing, although it is not a necessary requirement.<\/p>\n
Calculation of compensation for voluntary dismissal
\nWhen linking this section with the previous one, it should be noted that, in the event of non-compliance with the notification obligation, the company would be entitled to compensation for the damages caused, an amount that is generally reduced depending on the corresponding regulations.
\nOne of the most important differences between a dismissal, except disciplinary dismissal, and a voluntary dismissal is the right to compensation. Voluntary discharge never gives rise to compensation, unless the employer and employee agree otherwise.
\nWhat you are entitled to in the case of compensation for voluntary dismissal is an agreement that will include different concepts:
\nThe first, which may be the most important, is the number of days worked and not yet paid, usually the last month has not yet ended, but if the company owes any previous salary to the worker it must also be paid in the agreement. We must not forget the number of overtime hours, if any.
\nThe portion corresponding to additional payments that have not yet been invoiced will also be included in the settlement. This amount will not be generated if the additional payments are calculated in proportion to the salary, in which case only the costs of what has not been received during the month will be recorded.
\nFinally, the amount corresponding to the holidays that were generated but not played must be paid.
\nThe sum of the three previous concepts will indicate the amount corresponding to the worker who requests the voluntary permit under the concept of establishment.<\/p>\n