Late return to work after a discretionary leave of absence: from the tacit dismissal to the discussion about the dies a quo in order to get the proper compensation

Comentario a la STS de 3 de diciembre de 2009, Sala de lo Social, rec. núm. 4016/2008

Abstract

This commentary is about that one in a discretionary leave of absence who, having requested for his rejoined in the proper way of time and form, knows that other workers have been hired after his request in order to fill his previous job or equivalent. It analyzes the reaction by appropriate procedural declarative action (if not tacit dismissal) and values the compensation payable from the date on which generates the delay.