With the recent emergence of the Zerolo law in 2022, many workers are asking the question: Can you fire me while I’m ready? Low? In this article, we will examine in detail this disturbing question that affects many people in the workplace, and touch upon the legal perspectives and opinions of experts on the subject.
What does Zerolo’s law say?
Law 15/2022, known as the Zerolo law, is a comprehensive standard on Equal Treatment and Non-Discrimination. This law clearly addresses discrimination in employment and states: Employees cannot be discriminated against due to illness. or health condition. For this reason, Dismissing an employee “while on leave” may be considered discrimination and is therefore null and void.
Judicial decisions of 2023: Will there always be discrimination?
The key lies in “may”. Despite the clarity of the law, Many decisions in 2023 did not automatically declare the dismissal of sick employees null and void. Can I be fired while on sick leave? Although not required, the action must be proven discriminatory in court. Otherwise, it is considered an unfair dismissal, but is not invalid.
Expert comment: “Triple test”
Prominent labor lawyer Alfredo Aspra recommends a “triple test” to determine whether discrimination occurs in the workplace. dismissal of a person worker Low:
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Was the disability long-term?
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Have physical limitations prevented you from working on equal terms with your colleagues?
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Did the employer fail to make reasonable adjustments before dismissal?
If these three conditions are met, the dismissal is likely to be discriminatory. On the contrary, if the employer successfully refutes these issues, the dismissal will not be considered invalid.
What do other experts think about being fired while on sick leave?
Labor Law professor Ana Belén Muñoz pointed out the protection of the Zerolo law and stated that the disease is now protected by the prohibition of discrimination. Jonathan Gallego, director of legal services at Catalonia CC OO, adds that each case is unique and will be decisive in assessing discrimination based on disease.
A related case was in September 2021, when the High Court of Justice of Catalonia declared invalid the dismissal of an employee after it was proven that the company had a habit of dismissing people on medical leave.
Information and advice is essential for those wondering if they can be made redundant while on sick leave. law of zerolo provides protection, but each situation is unique. Employee representatives have a vital role in ensuring that employee rights are respected, especially in sensitive situations such as illness.
Finally, it should not be forgotten that medical sick leaveThe Zerolo law has a broader scope and protects previously vulnerable situations such as discrimination based on overweight, height, alopecia, among others. Workers should not face inequality in the workplace due to their health, and this law aims to ensure this.