Can the company say goodbye if I am on illness?

Immaculate Larzabal Ciriquiain

The answer is yes, but with nuance.First, you have to make a first distinction: you cannot say goodbye to a worker for being low, but he can say good.I'll try to explain it.

Prior to February 20, 2020, they could be the cause of objective dismissal, with compensation of 20 days per year worked, the faults of work assistance even if they were justified but intermittent, that they reached 20% of the business days in a period ofTwo consecutive months (provided that the total assistance faults in the previous twelve months would reach 5% of the business days, or 25% in four discontinuous months within a period of twelve months) although, they could not be had inIt has the medical casualties that have a duration of more than 20 days, nor those derived from a situation of gender violence or an accident at work, maternity, risk during pregnancy, or those that have a medical treatment of cancer or serious illness,Regardless of its duration.

That is, the short -term medical casualties, not derived from the situations indicated in the previous paragraph, could be the cause of objective dismissal, therefore being able to justify the dismissal of a worker who worked from Monday to Friday, if there werehad casualties due to common illness or non -labor accident that in total would last more than 8 days of work day in two consecutive months (when in the immediately previous year there would have faults to imply 5% of their day or 25% in four monthsdiscontinuous within a period of twelve months).

But I insist, this is no longer in force since February 20, 2020 because Royal Decree- Law 4/2020 repealed this reason that was collected in article 52.d) of the Statute of Workers, so that short -term medical casualties can no longer give rise to this modality of objective dismissal.

Different issue is that a worker who is decreased due to temporary disability, is fired.As in any other situation, the company can make a disciplinary dismissal (if it had committed a very serious lack of sanctioning with dismissal and in which there would be no compensation in favor of the worker) or an objective dismissal (if there were economic, technical causes, technical, technical causes, organizational or production that can justify it, and must pay the worker a compensation equivalent to 20 days per year worked with a maximum of 12 monthly payments).

That is, in principle a drop due to the situation of maternity/paternity, risk during pregnancy, breastfeeding or diseases caused by pregnancy, childbirth or natural breastfeeding), does not imply a special overprotection of the operator before a possibledismissal by the company, so, if the fired challenge and the company did not prove the causes indicated in the dismissal letter, the consequence will be that the dismissal is declared inadmissible, but not null, because, with characterGeneral, the courts have been understanding that, the fact of being declined, it is not really a discriminatory factor included in article 14 of the Spanish Constitution.But this should be so, as long as the temporary disability was not lasting because otherwise the concept of disability could come into play (according to the European Union Court of Justice, a disability is a long -term or long -term limitation)and a dismissal that has as its object a discrimination based on a disability is considered null.Therefore and, as the courts are understanding, to assess whether a dismissal not justified by the company must be declared inadmissible or void, the status of the worker's inability must be met at the time of dismissal, considering that if the limitation isdurable, not presenting a well -defined perspective in terms of its ending in the short term or that such disability can be extended significantly before the worker's healing, we can talk about the worker's disability, converting the dismissal whose causes have not been tested byThe company, null, for being discriminatory.

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