Search Results for: TEMPORARY DISABILITY
Temporary disability does not automatically declare the dismissal null and void
After a year of application of the Integral Law for equal treatment and non-discrimination, the labor courts and tribunals have made a criterion up progressively on the dismissal of employees in a situation of temporary incapacity. Law 15/2022, of 12 July, on equal treatment and non-discrimination, in force since 14 July 2022, introduced legal developments […]
What happens when workers under indefinite-term contracts for seasonal work have a temporary disability when they are called to work?
The supreme court judgment of July 14, 2016, which went by almost completely unnoticed, dealt with this unique issue affecting workers under indefinite-term contracts for seasonal work, and the companies using this contract type. In the examined case, at the beginning of every season, the defendant company called the workers under indefinite-term contracts for seasonal […]
Doubts concerning the commitment to maintain jobs in relation to ERTEs (temporary lay-off procedures)
The various rules approved since the declaration of the state of emergency for the purpose of regulating ERTEs have generated a series of legal questions on which employers require clarification. One example is the uncertainty surrounding the commitment to maintain jobs, in a scenario which has proved to be more complicated and longer lasting than […]
When ineptitude does not entail disability
This is one of the ongoing (and most incomprehensible) disputes that arise following temporary disability or sick leave. After using up the maximum sick leave, an employee goes to the Disability Assessment Team of the National Social Security Institute (Instituto Nacional de la Seguridad Social or INSS) for an assessment of the possibility of returning […]
Voluntary collaboration by employers in the management of sick leave benefits comes to an end
Voluntary collaboration by employers in the management of sick leave benefits comes to an end May 30, 2019 Verónica Lagares Tena The approval of Royal Decree-law 28/2018 has done away with voluntary collaboration by employers in the management of sick leave benefits due to common contingencies – non-occupational illnesses or accidents-. Voluntary collaboration […]
The Supreme Court clarifies the requirements to prevent a dismissal for supervening unfitness from being declared void
According to a judgment of the Spanish Supreme Court, in order to prevent a dismissal for supervening unfitness (ineptitud sobrevenida) from being declared void, an employer must prove that reasonable accommodation has been provided, and such accommodation must not constitute a disproportionate burden for the employer. It is possible to question whether the termination of […]
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