Are you thinking of leaving your work? Before making any decision, the labor lawyer Miguel Benito Barrionuevocreator of the Instagram channel Informed employee, launches a clear warning: Do not sign a voluntary leave without analyzing your options well. If so, you could give up without the right to compensation nor a Unemployment benefitwhich can complicate your life a lot.
The expert points out that the first thing he would do in these cases is Check if your situation fits into any cause of legal self -described. This allows you to break the employment relationship with the right to compensation and unemploymentas if they had fired you. These causes are collected in the Workers Statute And they are completely legal. These are situations in which the employer seriously breaches his obligations.
Legal causes to ask for a self -aspid
Among the situations that allow to take advantage of a self -broaden, the following stand out:
- Substantial modifications of your working conditionsas important changes in the day, salary, schedule or your functions without your consent.
- Change of work center If the new one is to more than an hour away From your home.
- Continued delays or salary defaultwhich directly affect your livelihood and stability.
- Serious breaches of the entrepreneursuch as workplace harassment, work overload, repeated breach of working hours, absence of security measures or not registering in Social Security.
How to leave your job and go with compensation and unemployment: the “tricks” of a lawyer to get it / INFORMATION
If you are in one of these situations, you can Sue for Autodespido. If the judge is right, you will be entitled to a compensation of 33 days per year worked (If the contract is after 2012) and also to collect unemployment.
Leave
In the event that you cannot legally justify a self -aspid, the lawyer recommends Do not present a voluntary decline. Instead, he advises to request a voluntary leavethat allows you to absent you from work for a period without losing the possibility of returning. The best thing is that you can ask for it With only one year old In the company and, if you need to return, you will have preferential law When there is a vacancy.
This leaves you the door open in case you change your idea or the new project does not come out as you expected. In addition, you do not lose seniority or at all your employment relationship.
Are you going to undertake? You can use your unemployment
If you are thinking of leaving your company to undertake, and you are entitled to accumulated unemployment, You can use that money to finance. There are two interesting options:
- Compatible unemployment with being autonomous during the first 9 months.
- Ask for the unique payment of unemployment To invest in your new business. This formula allows you to receive all the unemployment that corresponds to you at once, provided you justify it as an investment in your project.
Miguel Benito points out that this alternative can be very useful for those who want to start their way as entrepreneurs without assuming all the economic risk.
Make sure with an offer in writing
Another common situation is to leave a current job for having found another one. In this case, the lawyer recommends acting with caution. Before signing the voluntary decline, demands a written labor offer that includes a Hiring commitment. In this way, you make sure that you are not “blind” and you have minimal guarantees that the new employment is real and confirmed.
This step, although it seems obvious, avoids last minute scares if the company changes their minds or delays the beginning of your contract.
The voluntary low It should be The last optionand only in cases where there is no possibility of self -published or interest in an leave. Signing it implies give up compensation and parosomething that can be a problem if you later need financial help or find difficulties to return to the labor market. That's why, Think about it before taking the stepand always values the legal options that allow you to leave with more guarantees.
