The rule allows "dismissal for leave of work", a possibility that was collected during the labor reform of 2012
Last November, Ganar Totana registered a motion to the Plenary Session of the City Council "to join the demands and mobilizations of the unions for the repeal of Article 52 of the Statute of Workers to be discussed in the ordinary session this month."
Only one week after the Constitutional Court established the new doctrine on the possibility that medical casualties were the cause of objective dismissal, the first dismissal to the safeguard of this rule occurred.
The October 29 ruling arose after a Social Court in Barcelona raised the case to the Constitutional Court, finally ruling in favor of the company and against the worker.
Article 52 of the Workers' Statute allows the contract to be terminated if 20% of the working days are missing in two consecutive months, even if justified, provided that he has been absent from his position in 5% of the last days year.
You cannot add the leave granted for a period of more than 20 days or for cancer treatments and serious illness, among other cases to which gender violence is added.
"The last two labor reforms that were carried out by the governments of PSOE and PP, respectively, have led to a setback and a significant reduction in the rights of workers, lowering and facilitating dismissal to limits such as the one now proposed on the table. Perhaps the most serious assumption of those contemplated in the current legislation is the aforementioned Article 52 in its section d. "
What has concluded the judgment of the TC is, among other things, that the limit to the right to work is justified by the "freedom of enterprise and the defense of productivity."
The ruling issued by the full body has not been unanimous and represents a restraint on the labor reform of the Popular Party in 2012. Four magistrates have signed three particular votes.
For example, one of the magistrates of the case states that it cannot be assumed that the freedom of the company can be put before the right to the physical or moral integrity of the workers, and to a value as fundamental as human health.
The unions, UGT and CCOO, consider that the sentence "enshrines a preeminence of productivity and business benefits over the rights of workers, such as the right to work and to recover health after illness", which " will push workers not to be justifiably absent from their jobs and to return without having been able to recover their health and not be fired, with the corresponding risk to them and the rest of the workforce.
They also demand the immediate elimination of the norm that is interpreted, it allows "dismissing due to illness", a possibility that was collected during the labor reform of 2012. This is what they have stated from both unions before attending one of the houses in front of the Congress of Deputies 50 concentrations convened throughout the country to urge the new Government and Parliament to repeal Article 52.d of the Workers' Statute as soon as the Legislature is launched.
"Therefore, from Ganar Totana we will propose that the City Council of Totana show its rejection of article 52d of the Statute of Workers of law 3/2012 of July 6 for going against the rights of workers and demanding that the Central Government immediately repeal said norm that violates the basic foundations of labor law, "they conclude.