The Madrid social court has just issued a ruling in favour of the employee: it has ordered the company to immediately reinstate him and pay him compensation for the damages and losses suffered, at a rate of 77.13 euros per day from 31 August 2017. Or, in other words, the sum corresponding to the wages he did not receive for approximately two years.<\/p>\n
Since 2006, the worker had been providing his services as a programmer in a company specializing in computer systems. In 2015, this professional decided to request a voluntary leave of absence for two years and on the same day of his request, the company asked him to explain exactly what his functions were and what technology and tools he used, as detailed in the sentence.<\/p>\n
The IT specialist replied to the email describing his day-to-day activities and the specifics of his duties.
Before his leave period was up, the worker requested reinstatement to his position and, to his surprise, the company told him that there was no vacancy equal or similar to the one he held previously, nor any within the same professional group. Therefore, his return was not feasible. "However, the worker was well aware that the company regularly published job offers that suited his profile," explains Pilar Gisbert, a lawyer from Reclamador.es, who has defended this professional.<\/p>\n
As Gisbert recalls, "the preferential right to re-enter vacancies of the same or similar category of the worker on leave becomes a fully consolidated right."<\/p>\n
In this case, the judges have seen and focused on the key fact that the worker's profile was perfectly suited to the offers published on various employment portals, without any of them being assigned to him.<\/p>\n
On the other hand, various documents and reports were requested from Social Security and the Public Employment Service, proving that the company had made more than 80 contracts with a profile and functions similar to that of the affected programmer since the moment he had requested his reinstatement.<\/p>\n
An employee cannot be reinstated after a voluntary leave of absence when the nature and characteristics of his or her contract do not bear any similarity to the existing vacancy. This was ruled by a Supreme Court ruling in 2017, which analysed the case of an employee who provided her services to a company as an administrative assistant with an indefinite contract. She requested a voluntary leave of absence and, after this period, she asked for reinstatement, which was denied. The reason? The position requested was a temporary part-time vacancy.<\/p>\n
Source: Five Days<\/p>\n[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]","protected":false},"excerpt":{"rendered":"
A company has been ordered to pay 50,000 euros in compensation and to immediately reinstate an employee for preventing him from returning after a leave of absence. The employee requested to be laid off and, before the end of that period, he asked for reinstatement, which was denied. The social court of Madrid has just issued a ruling [\u2026]<\/p>","protected":false},"author":2,"featured_media":119790,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-119787","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/119787","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=119787"}],"version-history":[{"count":4,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/119787\/revisions"}],"predecessor-version":[{"id":119792,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/119787\/revisions\/119792"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/119790"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=119787"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=119787"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=119787"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}