We often talk about expectation at work, but do we really know what it is and how it really works? By definition, the expectation is the possibility for the employee to take time off work without losing their job , in a justified manner. The duration of the absence can be more or less long, and can be requested for different reasons. Leave is an employee's right and, in the case of that required by law, it cannot be refused by the employer. Even now that smartworking has taken hold it is important to know that you have this possibility and that you can take advantage of it to live your work more peacefully.
Expectation at work: how it works
In your working life it may happen that you have to request a leave of absence because you are unable to perform the duties defined in your employment contract. The reasons can be different, and they are all defined by the law or by the CCNL. Depending on the type of leave , the period of absence can be paid or unpaid , but in any case governed by the defined obligations and rights. If the salary is foreseen, it is not certain that the salary remains full: most of the time the worker continues to receive only a percentage of it.
The difference between the legal expectation and the CCNL lies in the fact that the employer cannot refuse the former, if correctly motivated. This type of regulation applies to all employees, regardless of their collective agreement. In order to request a period of absence from work, you must contact your employer directly, without going through the INPS, by submitting a specific form. This will specify the personal details of the worker and the company, the type of leave requested, the starting day and the duration of the period of absence, the reference CCNL and possibly the reasons for which it is requested.
At this point, the employer will evaluate the request and, if the reasons are not regulated by law, he can refuse it or ask to shorten the period. In the case of employees in the private sector it is never possible to apply for leave to take up another job; on the contrary, civil servants can ask for up to one year of absence to devote themselves to self-employment .
As already mentioned, the reasons for the expectation can be defined by the law or by its own National Collective Labor Agreement. In the first case it is an undeniable right of the worker, obviously accompanied by valid and recognized reasons. There are several reasons why an employee can apply for leave, and they are all governed by specific laws. Leave can be requested:
- for serious family reasons : in this case the absence is unpaid, and can last up to a maximum of two years. For "serious reasons" we mean grief, inconvenience, illness and in general situations in which the presence of the applicant is necessary. The reasons may concern not only the worker himself, but also his spouse, children and relatives (within the 3rd and if suffering from disabilities);
- by training : also in this case it is an unpaid absence, and it is the exception to the rule, as the employer has the right not to accept the request. The employee can be absent for up to 11 months and at any time during his / her career. The accepted type of training includes the completion of studies and educational activities that are outside the company's training offer;
- for voluntary work : the absence of this type is paid and is charged to the fund for civil wages. This type of leave includes all civil assistance activities following extraordinary events established by law, for which the presence of the employee is required;
- for assistance to a handicapped person : the employee, in this case, can request a period of unpaid absence up to a duration of 3 years;
- for public offices : this type of motivation includes all the needs related to holding institutional positions (members of parliament, regional assemblies, trade union offices, etc…). The absence is unpaid and can last for the entire duration of the mandate.
As for the expectation managed by the CCNL, it is an absence justified by personal reasons and which go beyond all those listed. Also in this case, the employee must submit a letter of request for leave specifying the reasons for the request , which the employer can refuse. In this case, the absence is unpaid and can last up to 12 months. During the period of suspension from work, the employee's contributions are not accumulated.