In response to the Report on work absenteeism revealed on the InfoJobs portal, greater than 2.
In response to the Report on work absenteeism revealed on the InfoJobs portal, greater than 2.4 million sick depart was recorded simply resulting from Covid-19 infections between December 2021 and January 2022. Even for a justified cause, many workers they feared (and concern) shedding their jobs whereas recovering from sickness. However is it doable to be fired whereas on depart?
Work depart happens when a employee can't perform their actions resulting from sickness, whether or not bodily or psychological. Likewise, an worker can request depart for causes that need to do with maternity/paternity. In any case, it's a completely justified cause for which the employee can't be fired.
We should make it clear that medical depart resulting from sickness shouldn't be a trigger for dismissal. Because of this firing an individual for being on medical depart can't be motivated, however being on medical depart shouldn't be a strategy to defend their continuation within the firm.
It's value remembering the reform launched by Royal Decree-Regulation 4/2020, of February 18. With it, the Authorities repealed the so-called 'dismissal for justified medical depart', which till then allowed firms to objectively dismiss these workers who accrued a share of absences from work, whether or not it was for justified or unjustified causes.
Nevertheless, the easy truth of being on depart doesn't defend the employee from some other kind of dismissal. In different phrases, an worker could be fired whereas on depart so long as the explanation for the dismissal shouldn't be the depart itself. Thus, an worker on medical depart could obtain, for instance, a disciplinary dismissal.
Likewise, the corporate could apply a dismissal for goal causes to the worker who's on depart for medical causes. Such is the case of an organization that, after a loss, decides to restructure the workforce by eliminating the division to which an worker on medical depart belongs. Being on this situation doesn't defend the employee from being fired for goal causes.
It's clear that there are causes that justify the dismissal of an worker who's on medical depart. However additionally it is true that being on medical depart shouldn't be a cause to fireplace any employee. Nevertheless, the fact is that it isn't handy for any firm to have an worker on this scenario for a very long time.
Whereas the medical depart lasts, the worker will obtain a every day subsidy from Social Safety to compensate for his or her revenue losses. Nevertheless, the corporate should proceed paying the contributions and, in some circumstances, assume different obligations. Due to this fact, it is not uncommon for some firms to dismiss the worker resulting from medical depart and disguise the reason for the dismissal with some false cause.
What can an worker do who feels (and is aware of) that they've been fired for lack of attendance at work resulting from medical depart? In these circumstances, it's doable to problem the dismissal, a course of that begins with the presentation of a conciliation poll. With this doc, the employee clearly and concretely explains the information for which he makes the declare.
Within the occasion that the conciliation listening to is unsuccessful, the employee can current the corresponding declare earlier than the labor court docket. At this level, it is going to be the competent Choose who determines if the dismissal is unfair or not. After all, all through the method it's important to have the recommendation of a lawyer specializing in labor regulation.
It's clear that one of many first questions that the employee should ask himself when he's fired is to research whether or not the reason for his dismissal is honest or unfair.
Within the occasion that the court docket determines that the dismissal was unfair, the corporate should compensate the employee with 33 days of wage per 12 months labored. These workers with employment contracts signed earlier than February 12, 2012 are entitled to the next compensation: 45 days per 12 months labored. For its half, the corporate is not going to be obliged to reinstate the employee.
On sure events, the court docket might classify the dismissal as void, wherein case the employee will probably be reinstated to his job. The nullity is determined by the kind of sick depart wherein the employee is.
If the employee is on momentary incapacity depart, how do you discover out that he has been fired? The frequent factor is that the corporate complies with its obligation to ship a dismissal letter to the employee by burofax. Due to this fact, even whereas on depart, it's mandatory to remain knowledgeable and acquire any discover that comes from the corporate.
As well as, the worker does properly to supply the Common Treasury of Social Safety together with his cell phone quantity. On this manner, he'll obtain a notification by way of SMS if the corporate deregisters him from Social Safety with out prior discover. It should all the time be remembered that being on momentary incapacity depart doesn't defend the employee from receiving a dismissal letter.
The corporate, subsequently, should notify the employee of the dismissal in writing, clearly stating the explanations for the dismissal. In the identical manner, you can be given discover of no less than 15 days prematurely. The worker, for his half, could submit a conciliation kind inside a most interval of 20 days.
Even supposing he has been fired for simply trigger, the employee will proceed to obtain the advantages that correspond to him till he can obtain a medical discharge. As well as, the corresponding settlement should be paid and, within the occasion that it was not a justified dismissal, the corresponding compensation.
The corporate itself should proceed contributing to Social Safety till medical discharge. Nevertheless, it is not going to be carried out in the identical manner in all circumstances, since it is going to rely on the character of the loss.
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