Let's see in which cases a worker could be dismissed while on sick leave and in which cases it would be an unfair or void dismissal.
Types of dismissal during sick leave
It should be noted that if a worker is temporarily incapacitated, he or she may bc data thailand only be dismissed for objective reasons that are not related to his or her sick leave.
You can fire a worker while on sick leave but NOT for being on sick leave
Thus, we have different types of dismissal:
Objective dismissal: It can be carried out for economic, technical, organizational or production reasons, as long as they are not related to sick leave.
Disciplinary dismissal : This is based 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 justified 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 being on sick leave does not protect the worker from dismissal; and if this occurs, it must be adequately justified.
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 disguised 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 reached 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 determined that the reason for the dismissal was due to the sick leave situation, we could be facing an unfair dismissal since Law 15/2022 establishes that no one can be discriminated against on the grounds of illness. Therefore, we would be facing a case of discrimination.
