5.1 When a worker wishes to apply for unpaid leave, he or she is invited to discuss his application first with his head/division chief. 5.5 The Human Resources Manager will provide the employee with written details of his leave without discretionary pay and the terms of the leave. Where the worker-employer employment contract provides for an unpaid leave plan or the collective agreement signed in the workplace, the right to unpaid leave may be used under the applicable regulations. However, in the absence of such regulation, unpaid leave is only possible by mutual agreement between the parties. So when can an employee take leave without pay? As a general rule, a worker would take leave without pay if he or she has exhausted his other leave provisions. It may be an employer, i.e. trying to reduce costs and layoffs in the event of a business shortage or driving employees, for example. B ask for a longer pause to isolate themselves during a pandemic, although they are not infected. However, secondary contractual obligations, such as non-competition obligations, duty of loyalty and appreciation, remain binding on the worker. The disciplinary power inherent in the status of the employer applies to all workers whose employment contracts have not been terminated.

This power therefore governs the employment contract during its suspension. As a result, the employer has the right to take disciplinary action in relation to illegitimate acts committed before or during the suspension period when the worker is in breach of the counter-obligations to which he has yet to fulfil. This right is governed by the specific legal restrictions that govern the right to dismissal, including maternity leave, other parental leave and sick leave. In this case, there is no legislation that prevents the employer from dismissing the employee during the unpaid leave, either because of bad behaviour or for economic reasons. However, the notice period cannot be combined with the length of unpaid leave and the notice period does not take effect until after the expiry of the unpaid leave period. 4.3 Workers who take unpaid leave continue to receive statutory annual leave (including 28 public holidays), but no annual contractual leave (e.g. B 30 days, plus school closing days). Contract annual leave is assessed to exclude all weeks during which the worker has taken unpaid leave. 4.1 During unpaid leave, no salary is paid to the worker and other contractual benefits (e.g. B sickness benefits, sickness benefits, etc.) are suspended. Staff are not allowed to apply for new loans by computer card or permanent card during unpaid leave. Any worker who resigns during unpaid leave must repay all remaining loans that return to school.

A worker can take leave without pay if his employer agrees. The agreement should be written down. The notice period depends on whether the contract gives the employer the right to give workers unpaid leave. In this case, if the contract imposes a special requirement for termination, the clause should be respected.