Tue. Nov 19th, 2019

First dismissal for medical leave after CT failure



Only one week after the constitutional Court (TC) will set the new doctrine on the possibility that medical leave was cause for objective dismissal, the multinational Attentive He has used it for fire the president of the company committee of its subsidiary in Lleida.

As stated in the dismissal notice, the worker between March and April suffered three low periods 18 business days in a two month period –42 business-. The absences were 4, 1 and 13 working days chronologically due to temporary disability. The percentage of absences is 42.86%, double what the law sets as cause of dismissal. It also exceeded the limit set by the legislation in the last year: it accumulated 18 fouls over 249 business days, 7.23%, therefore exceeding 5%.






Álvarez (UGT) warns that it is an “attack on union representation and the right to health”

Sources of the company denied that the decision is linked to the sentence and affirmed that “it is an objective dismissal for absenteeism under article 52.d of the Workers' Statute, a procedure that is used to combat high labor absenteeism independent of the condition of the worker ”. The concept of absenteeism advocated by the International Labor Organization (ILO) does not include sick leave as those of the dismissed worker. The secretary general of UGT, Josep María Álvarez, said yesterday that “if she were not president of the works council they would not have fired her” and that the decision of Atento represents “a double attack on union representation and the right to health of the worker". This week Álvarez and his counterpart in CC.OO. Unai Sordo were conjured to denounce all the dismissals that occur because of the doctrine of the TC.

Article 52 of the Workers' Statute allows the contract to be terminated if 20% of the working days are missing in two consecutive months, even if they are justified, provided that they have been absent from their position in 5% of last year's work days. You cannot add the casualties granted for a period of more than 20 days or for cancer treatments and serious illness, among other cases to which gender violence is added.

The worker was president of the company committee of the company in Lleida, which is why UGT sees the cause of dismissal as "unacceptable" by dispensing with a worker representative who denounced working conditions.





The compensation received by the employee amounts to 15 days of salary due to lack of notice. The union took advantage of the dismissal to charge against the sentence known last week. "This ruling supports the dismissal for repeated faults to the workplace, even if there is a justified cause, and is inadmissible for the constitutional rights of workers," he says. “It prioritizes the freedom of business over the right to health and work of working people,” he continues.

From the union they point out that with this type of sentences and dismissals "it is even more evident the need to repeal labor reforms, which have done nothing but grant more power to the employer and less rights to workers."

Likewise, the union speaks of “union persecution” and believes that the 200 workers of Atento Lleida are left without a representative who “for months denounces the drift of labor rights” of employees.







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