3There is a legend in Labor Law that says that if a worker is on sick leave. He cannot be fird. But this is not entirely true. The legislation does not expressly prohibit the dismissal of a worker during a situation of temporary disability.
Let’s see in which cases a worker could be dismissd. While on sick leave and in which cases it would be an unfair or void dismissal.
Types of dismissal during sick leave
Thus, we have different types of dismissal:
- Objective dismissal: It can be carrid out for mint database economic, technical, organizational or production reasons, as long as they are not relatd to sick leave.
- Disciplinary dismissal : This is basd on a serious and culpable breach by the employee, such as intentional lack of performance, disobedience or inappropriate conduct, which is not linked to the dismissal.
If it is proven that the dismissal is not justifid or is shown to be discriminatory and that the cause was the sick leave situation, the dismissal may be considered unfair or void .
Therefore, it must be taken into account that shipping in the first place being on sick leave does not protect the worker from dismissal; and if this occurs, it must be adequately justifie.
What should you do if you are fire during sick leave?
The first thing to do is to put yourself in the hands of a lawyer who is an expert in Labor Law to study your case, since many times a dismissal while on sick leave is disguisd as an objective cause, when in reality the reason is the sick leave itself.
If you believe that the reason for the dismissal is sick leave, you can sue the company:
- When the company gives you the dismissal letter , sign it but state “not in agreement.”
- You have a period of 20 business days to submit a conciliation form (it is mandatory)
- If an agreement is not reachd at the conciliation meeting , you can file a claim for dismissal before the Court and it will be the Judge who determines whether or not the dismissal is unfair/null.
If it is finally determind that the reason for the dismissal contact lists was due to. The sick leave situation, we could be facing an unfair dismissal since. Law 15/2022 establishes that no one can be discriminatd against on the grounds of illness. Therefore, we would be facing a case of discrimination.