PERMITS NOT RETRIBUTED

PERMITS NOT RETRIBUTED

Unpaid permits are periods in which the worker, by mutual agreement with the company, does not attend work or receive any compensation. They are usually requested when the worker needs to be absent from work for any reason that is not foreseen between the circumstances that would give rise to paid leave or leave (articles 37 and 46 of the E.T. and collective agreements)

During the unpaid leave:

The employment contract is not interrupted
No salary is received
It does not affect seniority
It does reduce the proportional part of annual vacations, since they are calculated per year worked.
Yes it reduces the accrual of extra payments proportionally.
Social security is quoted for the minimum base corresponding to the group of its professional category.

Unpaid permits are not regulated in the Workers Statute in Spain. Sometimes they may be regulated in some collective agreements in which case the application period, duration and conditions will be established. In the absence of collective agreement, they are a mere agreement between company and worker.

If there is no rule (collective agreement) it would be convenient to define the following aspects:

Request form (in writing)
Advance notice
Duration
Possibility of joining before its completion.
Type of contract and minimum seniority that the staff that can request it must have and the period that must elapse to reapply for this permit.
Assumption for those who can apply (training courses, trips …) or for those who do not (work in another company, etc.)

Contact Asesoria Orihuela Costa for any worlers matters