Dismissal due to illness will be void when the Equal Treatment Act comes into force.

The standard, which includes the transposition of two European directives on anti-discrimination law, It has a significant impact on employment law, as the disease has so far not been identified as a cause of discrimination in any national or community regulation.

The director of the Workers team at Baker Mackenzi firm María José Martín said it was one day before the regulation came into effect. new nullity scenario In social jurisdiction, published this Monday by El Periódico de España.

readmission obligation

Until nowHeRule followed by courts found inadmissible in case of dismissal of sick workers or temporary disability, requiring maximum statutory compensation. Only cases in which the disease could be equated with a disability because this was considered a reason for discrimination.

This was supposedly The ‘Daouidi’ doctrine of the EU Court of Justice (ABAD) In order for the dismissal to be deemed invalid, the worker must have long-term mental or psychological illnesses that prevent him from participating fully and effectively in professional life on equal terms with other workers.

Now, with the new law coming into force, there is progress in the possibility of canceling the dismissals in question. will mean readmission automatic of the employee in the company. This is because the norm explicitly includes, as grounds for discrimination, disease or health condition, serological status, and propensity for exposure to pathologies and ailments.

“In this way – as Martin points out – it seems reasonable to think that this Act will lead to a new scenario of cancellation and compensation for the dismissal of sick workers or workers in the event of unjustified temporary disability”.

The rule itself means that the person who causes discrimination due to any of the reasons stipulated in the Law, “He will repair the damage done by providing compensation and returning the victim to the situation before the discriminatory incident”.

Objective justification will be required

In short, given this new legal framework, everything shows that courts will require that letters of dismissal from sick or temporarily incapacitated workers contain an objective and reasonable justification for non-implementation of the measure. simply the presence of a disease, pathology, or medical disorder. “Otherwise, these dismissals are very likely to be nullified. to discriminate“, Add.

In the Preamble of the law it is said that it “has the duty to be the normative common minimum, which contains the basic definitions of Spanish anti-discrimination law”.

He adds that at the moment, “the fight against discrimination is not in the recognition of the problem, but in the real and effective protection of the victims.” For this reason, the regulation, rather than “another social rights law”, cover up discrimination “What exists and what is yet to come, because the challenges of equality are changing with society and as a result, appropriate responses must also change in the future”.

Thus, the norm European directives, 2000/43/CE and 2000/78/CE, only partially implemented Financial Measures Act 2003, Considered inefficient when it comes to addressing equality issues “in the context of the current health, social and economic crisis”.

Anti-Gypsy and hate crimes

In addition to affecting workers’ rights, this rule includes reforming the Penal Code to include prison sentences of up to 4 years and the inclusion of anti-gypsim or aporophobia – hatred against the poor – as a specific form of hate crimes.

so called ‘Law Zero’ “No person by birth, race or ethnicity, gender, religion, belief or opinion, age, disability, sexual orientation or identity, gender expression, illness, socioeconomic status or any other personal or personal condition or condition. Social”. Event for them employment, education, health and housing.