- Right to 20 hours of paid training per year, which can be accumulated for up to 5 years, for those who complete their first year with the company.
- Possibility of requesting voluntary leave without justification after one year of seniority, with preferential right of reinstatement.
- Direct impact of seniority on the calculation of severance pay and the granting of salary bonuses according to collective agreement.
Having been with a company for a considerable amount of time isn't just about putting down roots or getting used to your colleagues. In today's work environment, where everything changes at breakneck speed and technology is constantly on our heels, seniority becomes a key that unlocks rights and benefits that many employees overlook simply out of ignorance.
It's not just about having been there long enough to know where the coffee machine is, but about taking advantage of the legal and financial benefits that the Workers' Statute and collective bargaining agreements grant to those who have demonstrated loyalty to their position. From leave to continue studying to special protections in case of dismissal, knowing your rights based on your years of service is essential to avoid being left behind.
The training permit: a hidden treasure
One of the most interesting and underutilized benefits is the right to professional development. If you have already completed more than one year of service , you are entitled to 20 hours of paid leave per year . The most important thing here is that the course or study must be directly related to your company's activities; you could not use it, for example, to study something completely unrelated to your current position.
The best part is that these hours don't expire at the end of the year. The law allows them to be accumulated for up to five years , meaning you could build up to 100 hours to dedicate to your professional development without any deductions from your salary. However, how you organize them is decided by mutual agreement between you and your boss, unless your collective bargaining agreement already outlines a clear plan.
There's an important distinction: if your company already offers an internal corporate training plan , this right is considered to be exercised. In other words, if the company pays for Excel courses or courses on new management tools that total those 20 hours, you can't request more time to take an external course. However, legally mandated training, such as occupational risk prevention , doesn't count towards this calculation and is considered separately.
Calculating seniority: what counts and what doesn't?
Knowing exactly how many years you've worked isn't always as simple as looking at the contract signing date. Generally, the count starts on your first day of work, but there are situations that can create confusion. For example, the probationary period counts towards your seniority once it's successfully completed, and apprenticeship contracts also count. However, non-work placements or internships are usually excluded from this calculation.
If you started working through a temporary employment agency and were later hired directly by the company, that prior time with the agency also counts. Similarly, sick leave or transfers to other locations within the same company do not interrupt your seniority. Even if there is a change of employers, your seniority remains intact. What does usually interrupt the calculation is voluntary leave of absence, as the contract is suspended and the time you are away does not count towards your seniority.
In the case of fixed-term seasonal workers , case law and Article 16.6 of the Workers' Statute clarify that their seniority is calculated based on the total duration of the employment relationship, and not just on the months they have actually worked. However, caution is advised, as the criteria for calculating severance pay may vary and focus solely on periods of actual service.
Seniority bonus and other economic advantages
Many workers eagerly await their seniority milestones (three or five years) to see a pay raise. This seniority bonus is a financial incentive intended to reward loyalty and experience. It's important to know that this supplement isn't mandated by law; rather, it depends on what has been agreed upon in the collective bargaining agreement or individual employment contract.
This payment is considered salary, meaning it is subject to Social Security contributions and income tax. As a direct supplement for years of service, it positively impacts contribution bases and, consequently, future benefits. In addition to this bonus, seniority directly influences the amount of compensation in the event of unfair dismissal: the longer the employee has worked for the company, the higher the compensation typically will be.
Voluntary leave of absence: a legal respite
Once you've been in your position for at least a year, you can request a voluntary leave of absence . This is a right that allows you to be absent from your job for a period of between four months and five years without having to give any explanation to the company. It's essentially a way to take a professional break without permanently severing your contractual relationship.
During this time, your contract is suspended, so you receive no salary or social security contributions . Upon your return, you are not entitled to your exact position, but you do have preferential reinstatement rights if a vacancy similar to your professional category arises. If the company unjustifiably denies your reinstatement, you can claim it as a dismissal within 20 business days.
It's important to mention that you can work for another company while on leave, as long as you don't violate any non-compete agreements . However, in practice, this right is a privilege for those with savings, since it means giving up income for an extended period, making it a difficult option for those who live paycheck to paycheck.
Other advantages related to time spent at the company
Beyond salary and time off, seniority often carries weight in organizational matters. It's very common for long-term employees to have priority over newcomers when scheduling vacations or days off . It can also be a determining factor in obtaining promotions or internal advancements, as accumulated experience is valued as an additional merit.
In critical situations, such as workforce reductions or collective dismissals, some collective bargaining agreements stipulate that long-term employees are the last to be affected , providing an extra layer of job security. To verify your exact situation, the simplest way is to check your payslip or original contract, although it's always advisable to consult with an advisor to avoid losing rights due to calculation errors.
Having a year or more of seniority in a job triggers a series of protections and benefits, ranging from access to 20 hours of paid and cumulative training per year to the possibility of requesting voluntary leave. Likewise, time with the company is central to calculating salary bonuses, severance pay, and vacation priority, always based on a calculation that includes completed probationary periods and apprenticeship contracts, but excludes voluntary leave.
