Search Results for: Absenteeism
How can the company use the medical examination to control absenteeism from work
Given the high rate of absenteeism, companies are exploring possible measures to reduce it. Article 20.4 of the Workers’ Statute gives them the possibility of verifying the state of health of employees through medical examinations. In this post we explain the scope of this tool. According to the latest quarterly report published by Randstad Research […]
Spain: Alternatives for companies against voluntary and unjustified absenteeism by a worker
Some courts are admitting notifications of worker termination in which the worker is informed of his/her voluntary termination due to absenteeism and, at the same time and by default, of disciplinary dismissal in the event the first option is not possible. At times, companies face unjustified absenteeism of employees from work that may be grounds […]
Teleworking can help to reduce absenteeism
The pandemic in which we have lived since March 2020 has entailed the unavoidable and unexpected implementation of the teleworking system, without any possibility of previously analyzing the advantages and disadvantages of this type of work, and even without there being sufficient regulations on the matter when it all began. Teleworking, in jobs where […]
Dismissal based on absenteeism: chronicle of a death foretold
law on grounds of urgency and need, even though it had existed for forty years. This post analyzes the dying days of dismissal for absenteeism and the arduous battle to defend productivity. Since the publication of the Constitutional Court judgment of October 16, 2019, which upheld the constitutionality of section d) of article 52 of […]
Dismissal for absenteeism: the right to physical integrity against the right to productivity
Recent news that the Constitutional Court supported the objective dismissal of a worker who had clocked up nine days’ sick leave over a period of two consecutive months has sparked comments by journalists and on social media that have been treating this item as breaking news or as an after-effect of the labor reform. They […]
The Supreme Court clarifies the criteria applicable when calculating time-periods in relation to objective dismissals on the grounds of absenteeism
Following a series of contradictory rulings, a recent judgment has clarified that the percentage of absences justifying the dismissal must necessarily be reached in a four-month period. Consequently, if said percentage is reached in a shorter period, the dismissal is unjustified. An employer may dismiss an employee due to absences from work, even where such […]
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