The dismissal from workers for justified medical leave will be repealed as of tomorrow, when the new royal decree approved today by the Council of Ministers enters into force to urgently reform the Workers' Statute.
Yolanda Díaz, Minister of Labor, has stated that "as of today no one will be fired having a justified cause of sick leave". Díaz has framed the decision in the dismantling of the labor reform approved by the Popular Party in 2012. In this process, the strategy is to suppress the most urgent aspects first. Labor, companies and unions discuss and other aspects related to the agreements and in the debate agenda are also the causes of dismissal.
With the repeal of 52d, the Coalition Government fulfills one of its electoral commitments in social matters. The dismissal from the accumulation of medical leave had been placed at the center of the target of Unidos Podemos, the PSOE and the UGT and CCOO unions since last October the Constitutional Court analyzed the dismissal of a telemarketer and endorsed this practice as a correct interpretation of the labor framework.
Article 52 d of the Workers' Statute exists since the 80s of the last century and has been modified on several occasions. According to the last change, companies can liquidate a work contract for lack of work assistance, still justified but intermittent, if they reach 20% of working hours in two consecutive months, provided that the total lack of assistance in the 12 months previous reach 5% of working days or 25% in four discontinuous months within a period of 12 months.
The unions are thus fulfilled one of the clearest demands that had been presented to the Government in the face of its proclaimed social character and the many-nuanced commitment to end the regulatory framework that the PP approved upon reaching the Government in the crudest part of the crisis economic , in 2012. In the case of companies, the president of the Catalan employer Foment del Traball had declared his opposition to the repeal while Antonio Garamendi , president of CEOE, has requested that the disappearance of this cause of dismissal be accompanied by An analysis of the consequences of absenteeism in Spain.
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