The reconstitution of the employment relationship is regulated by art. 42 of the new National Collective Labor Agreement (CCNL) for healthcare. The employee with a permanent employment contract who has interrupted the employment relationship by resignation or for health reasons may request, within five years from the date of termination of the employment relationship, the reconstitution of the same.
The company or entity shall give a reasoned decision within 60 days from the request. If accepted, the employee is reinstated in the area and profile held at the time of resignation and with the same initial economic treatment of the profile, excluding professional pay differentials, ad personam allowances, and the R.I.A. that may have been accrued at the time.
In any case, the reconstitution is subject to the availability of the corresponding position in the Company's or Entity's three-year staffing plan, and to the maintenance of the requirements for employment by the applicant as well as the health checks required by current legislation.
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