Contract Work Suspension: Rights, Effects, and Leave Options

Posted on Mar 19, 2025 in Law & Jurisprudence

Item 15: Interruption and Suspension of Contract Work

1. Contract Suspension of Work

It is a temporary cessation of the reciprocal obligations of work and remuneration of labor, maintaining existing employment contracts and other obligations.

Effects:

1. Reserve or preferential right to re-entry.
2. The suspension period will be considered as a general rule for seniority purposes.
3. The maintenance of other rights and obligations of the employment relationship, particularly the duties of conduct: good faith.
4. In case of temporary suspension, suspending the employment contract but not the duration of the computation is extinguished by the arrival of occasions referred.
5. The worker’s right to receive certain financial benefits by Social Security, for example maternity, paternity, term, unless otherwise agreed.

Suspension for Economic, Technical, Organizational, or Production Reasons

It refers to cases in which there may be circumstances of temporary surpluses of staff that require temporary staff reductions without layoffs, so it comes in the suspension of contracts.

3. Exceedances

We distinguish between voluntary and leave active status.

The Active Status

The only case of active status expressly qualified by Article 46.1 ET is the nomination or election to public office. The worker is entitled to retain his job because he compute the time in office as antique. For reinstatement to the job, the employee must apply within one month after leaving the office.

The Common Unpaid Leave

The requirements to be met by the employee for entitlement to unpaid leave common are:

1. What the worker has one year of seniority in the company.
2. Se must ask for a specific term which shall not exceed 5 years or less than 4 months old.
3. In order to request a new leave it will take 4 years from the end of the previous of the same nature.

Therefore, it is therefore necessary to justify or argue any cause and the employer if the employee meets the above requirements is required to grant it.

Its effects are:

1. The time of leave does not count towards seniority.
2. Se only has a preferential right to re-entry if there is a vacancy in the company of the same or similar category.

However in this type of leave must be taken into account the following points:

1. While the worker is on leave, his place may be filled temporarily or indefinitely. If this period is written off by ERE the employee is not entitled to compensation.
2. Once asked reentry time the company can not fill vacancies with workers with less right or amortize them. As regards the period prior to application for readmission, will be what they say the CC.
3. The employer must inform employees that requested re-entry of the existence of vacancies in the same or similar category.
4. If there are vacancies the leave is extended only if the worker dies rejects a suitable vacancy.
5. If the employer refuses to reinstate the worker is negative at times has a double meaning: not to temporarily reinstates him to be considered or dismissed

The Unpaid Leave to Care for Children

The effects are:

1. The three years or less computing time for seniority purposes. The worker is entitled while on leave to which the company will call for training courses that are conducted.
2. For a year is entitled to reserve his position was (15 months if extended family or 18 if special category for large families) from the time you reserve the right to a job in the same professional group or equivalent.

Unpaid Work Leave Summary