The advisory of buffetor with the dismissed being low

Some workers who are sometimes left.

Buffetoro offers notions on this subject and advises what to do if a person is in that position.

Can you say goodbye while declining?

You can't say goodbye while being low, being low is precisely the reason.When a worker is in temporary disability, the company cannot adduce that reason to proceed to dismissal.This does not mean that a worker cannot be fired while he is with a low, but he will have to be for another cause.The two valid reasons will be the objective dismissal and disciplinary dismissal.

As for the objective dismissal, it is the one that is motivated in economic, technical, organizational or production causes.For example, a worker who has a few weeks off due to strong migraines, but the company has been losses for months and will close.The dismissal for economic causes would be justified.

Regarding the disciplinary dismissal, a worker who has been leave for months due to knees and prostheses placement and prostheses.While it is temporary disability, the company discovers, through recordings, that it stole material and took it home.It would be an immediate disciplinary dismissal, fully justified.

On the other hand, there is also an assumption in which there may be disciplinary dismissal.It is a scenario in which the worker exaggerates as to his temporary disability or directly lies.Taking as an example the previous case, in which the employee is supposedly prevented because of the operation of knees, if it is discovered that he is doing physical work, considerable effort, totally incompatible with his position and with his injury, he could say goodbyedisciplinarily.

Is a dismissal for declines an inadmissible dismissal?

If finally the cause of dismissal is to be low, the dismissal will be considered inadmissible.This has been ratified by both the Supreme Court and the Constitutional Court.However, there are some sentences that consider it void if the low time is very long, assimilating to a disability;or in the recent Judgment of the TSJ of Catalonia September 14, 2021, if to fire Low workers is "Business Policy".

Other assumptions of null dismissal is when fundamental rights are violated or the worker is discriminated against.They would enter into this category the dismissals of an employee for being pregnant, for being discharged with maternity (or paternity) or with reduction of working hours due to child or family care.

What to do before a dismissal while with a decline?

Faced with a dismissal while, the first thing to do is see the reason in the dismissal letter.It is unlikely that a company directly alleges the reason for being low, although not impossible.It may also be that it has the suspicion or certainty that it is pretending to leave or that another cause is alleged, covering up that the real reason is to retaliate for being discharged.

In any case, the worker must act as before any dismissal.The deadline for challenging is 20 business days that is not paralyzed by being the worker with temporary disability.Being low, it may be that the worker cannot personally present the conciliation ballot, which is why it is advisable to advise by a lawyer from the first moment.In any case, it can be presented by another person if it is signed and even many conciliation services have a system to present it online.

To the conciliation it is necessary to go;In case of impossibility, an APUD acts must be made.If an agreement is not reached, a claim will have to be submitted in the Social Court and go to trial.This does not mean that until the oral view date you cannot reach an agreement.It is usual to negotiate and agree before trial, even with months of previous.

If a worker has been dismissed while he is ongoing, whatever the reason reflected in the dismissal letter, the most advisable thing is to review it with a labor law lawyer.In buffetoro is the advice of lawyer expert lawyers and the first visit is free.