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Francisco Saorín, its coordinator at Cieza, recalls that it is the first element of the PP labor reform of 2012 that eliminates the PSOE-UP coalition government.

If the Government's first measure was to raise the interprofessional minimum wage 50 euros, a negotiation in a record time of one week with unions and employers, now eliminates the unfair dismissal for medical leave of the worker, a vexatious and unfair measure, imposed by the government from Mariano Rajoy.

On Tuesday, the Council of Ministers approved the repeal of article 52 section 'd' of the Workers' Statute, which allows dismissal for accumulation of justified medical leave.

This decision will be the first element that eliminates the new progressive government of the labor reform that the PP Government approved in 2012.

In a press release, the coordinator of IU-Greens in Cieza, Francisco Saorín, has applauded the repeal of the dismissal for justified casualties while being satisfied with the statements of the Minister of Labor, Yolanda Díaz, in the sense of that the repeal of the article is "great news" to stop living degrading situations in Spain and to avoid so that a worker can lose his job while being in a vulnerable situation.

Saorín has valued the work of the Secretary of State for Employment and Social Economy, Joaquín Pérez Rey, who is working on the urgent part to repeal the labor reform at the tables of social dialogue with the social partners, among which is the recovery of the ultraactivity of the collective agreements (their extension when there is no new agreement) and the supremacy of the sector agreement over the company agreement.

The coordinator of IU-Greens in Cieza recalled that the Minister of Labor has explained that the dismantling of the labor legislation of the PP will be done in several phases.

After this more urgent first stage that is inaugurated with the repeal of the dismissal for medical leave, Labor will negotiate more calmly other issues, such as the unilateral modification of the conditions of the contract by the company.

Finally, Saorín recalled that the Government program presented by PSOE and UP for the investiture already included the commitment to repeal "the possibility of dismissal for absenteeism caused by sick leave".

This type of dismissal, although it existed in the Statute of the Workers since the year 80, was facilitated in the labor reforms of 2010 of Zapatero and, especially, in the one of 2012 of the PP.

Justice is ahead of the Government

The Superior Court of Justice (TSJ) of Catalonia considers that dismissal for absenteeism is contrary to law.

In its judgment, dated January 17, 2020, the TSJ rejects the validity of this assumption because it clashes with several international regulations.

For the Chamber, the agreements and treaties signed between countries and ratified by Spain "must prevail over article 52.d of the Workers' Statute", which includes the termination for justified absences.

The magistrates consider that this assumption affects three globally recognized rights: that of not being dismissed for a just cause, the right to the prevention of occupational hazards and the prohibition of non-discrimination based on gender.

The first is foreseen in the European Social Charter, which expressly rejects that temporary absences from work due to illness or accident may enter into the umbrella of "just causes".

With regard to the prevention of occupational hazards, the TSJ cites the Convention of the International Labor Organization (ILO), which includes this right from a broader perspective than our Constitution (which only protects serious and imminent health risks or the life of the workers).

In this sense, the magistrates point out that the dismissal for absenteeism implies, to begin with, a risk for the employee, "who will do everything possible to avoid losing his job."

On the other hand, the Supreme Court considers that the dismissal based on justified absences "implies gender discrimination", which undermines the Convention on the Elimination of All Forms of Discrimination against Women, signed in New York in December of 1979 and ratified by Spain five years later, in 1984. To explain it, the court cites the VII Adecco Report on absenteeism, which reveals that, during 2017, 55% of casualties due to temporary disability were carried out by women, in front of 45% of men.

Source: IU-verdes Cieza