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 […]
Vacation and leaves of absence: which right prevails?
When an unforeseen event occurs that gives rise to paid leave during vacation days, can these be interrupted to enjoy the leave, delaying the date of return from the vacation days or changing them for another time? You will find the answer in this post. During the peak summer vacation period, a common question is […]
Do employees who have appealed their medical discharge have to return to work?
One question that usually arises when employees appeal their medical discharges after a temporary disability process is whether they must return to their job or can wait to receive the corresponding resolution. We will see in this post that the general rule is that the medical discharge determines the obligation to return to work, but […]
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