martes, 21 de agosto de 2018

Can the company dismiss me due to illness?


Yes, art. 52 of the ET issues rules for when:

Article 52. Termination of the contract for objective reasons.

d) For absences from work, even justified but intermittent, that reach twenty percent of working days in two consecutive months provided that the total absence of attendance in the previous twelve months reaches five percent of working days, or twenty-five percent in four discontinuous months within a twelve-month period.

Absences due to legal strike for the duration of the same, the exercise of activities of legal representation of workers, work accident, maternity, risk during pregnancy and lactation, illnesses caused by pregnancy, childbirth or lactation, paternity, leave and vacation, illness or non-work related accident when the absence has been authorized by the official health services and lasts for more than twenty consecutive days, or the reasons for the physical or psychological situation derived from gender violence, accredited by the social services or health care services, according to procedure, will not be computed.

Neither will absences due to medical treatment of cancer or serious illness be computed.

Article 53. Form and effects of the extinction for objective reasons.

a) Written communication to the worker indicating the cause.

b) put at disposal to the worker, simultaneously with the delivery of the written communication, the compensation of twenty days per year of service, prorating by months the periods of time less than one year and with a maximum of twelve months.

During the period of notice the worker will have the right, without losing his salary, to a six-hour weekly leave in order to seek new employment.


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