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In the event of the employer's refusal or silence, the worker must remain at his job until he is legally recognized. The worker must determine the duration of the leave within said limits based on their interests, being able to request it for a certain period or for an indeterminate period within the aforementioned limits. A longer period of leave may be established by collective agreement. In order for the redundant worker to be able to exercise his preferential right to reinstatement.
It is necessary that the period for which the leave of absence has been granted has been completed and that the reinstatement has been effectively requested by the redundant worker, since the company is not obliged to take into account whatsapp mobile number list consideration of the request until such time has expired If the leave is granted without an exact fixing of time but for an interval that exceeds the maximum threshold, the duration within said limits is at the discretion of the worker.
The granting of the extension is not a worker's right, and the company may deny it as the Supreme Court has understood it in judgments of December 11, 2003 or June 20, 2011 that essentially establish: “That the fact that the legislator has accepted the possibility that the leave of absence can reach a duration of between two and five years means recognizing the worker a right to suspend his employment relationship with the company based on his personal.
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