{"id":11943,"date":"2022-09-08T09:57:13","date_gmt":"2022-09-08T07:57:13","guid":{"rendered":"https:\/\/bloglaboral.garrigues.com\/?p=11943"},"modified":"2022-09-08T10:00:22","modified_gmt":"2022-09-08T08:00:22","slug":"dismissal-null-and-void-due-to-a-cold","status":"publish","type":"post","link":"https:\/\/bloglaboral.garrigues.com\/en\/dismissal-null-and-void-due-to-a-cold","title":{"rendered":"Dismissal null and void due to a cold?"},"content":{"rendered":"

The new Spanish comprehensive law for equal treatment and non-discrimination raises questions about whether the cases in which a dismissal can be declared null and void may be broadened.<\/strong><\/p>\n

Until July 2022, terminating an employment contract, through a dismissal, of an employee on sick leave, only entailed a risk of nullity in cases where it was possible to equate the employee\u2019s disease with a disability. This could happen, for example, in cases of long-term sick leave. However, since the publication on July 13, 2022 of Comprehensive Law 15\/2022 for Equal Treatment and Non-discrimination<\/a>, various doubts and opinions have been emerging regarding whether the cases in which a worker\u2019s dismissal can be declared null and void have increased.<\/p>\n

According to the new law, in cases where employees on sick leave are dismissed, the following new rules must be taken into account:<\/p>\n