The law repealing Article 52 d. of the Workers' Statute, which supports objective dismissal due to sick leave accumulated over a certain period, comes into force today.
The Official State Gazette (BOE) published yesterday Thursday the Law 1/2020, of July 15, which repeals article 52.d., which supported objective dismissal "for justified but intermittent absences from work" with certain percentages and time periods.
The law was finally approved on July 1 in Congress without changes, with the vote against of VOX and the abstention of the PP.
The preamble to the law states that "the dismissal of sick people not only falls under the right to non-discrimination on the grounds of disability, as the Court of Justice of the European Union (CJEU) has pointed out on numerous occasions, but also creates a situation of great professional, personal and social vulnerability for the worker whose contract is terminated."
The BOE also published this Thursday a change to the conditions of the ERTE until September 30, specifically regarding the processes of outsourcing of activity for companies covered by one of these files and which will not be able to establish new ones but can resume existing ones. In the initial wording, resuming them was not allowed either.
Information: EFE