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DismissalsMedical LeaveWage ClaimWorkplace HarassmentSMACSanctions
DismissalsMedical LeaveWage ClaimWorkplace HarassmentSMACSanctions

Dismissal while on Sick Leave: Nullity and Reinstatement

Dismissing a worker for the mere fact of being sick is an illegal and discriminatory practice. At C&Co. Legal we are specialists in defending workers dismissed during Temporary Disability (sick leave). We fight firmly in the courts of Madrid to achieve the nullity of these dismissals, your immediate reinstatement, and the collection of the wages that correspond to you.

Specialists in the nullity of illness-related dismissal

1. Challenge and Lawsuit for Void Dismissal

We initiate the judicial route to demonstrate that your dismissal was caused by your state of health, violating your fundamental rights. We seek the ruling that obliges the company to reinstate you.

2. Claim for Processing Wages and Moral Damages

We demand payment of all wages lost from dismissal to reinstatement. In addition, we request compensation for moral damages due to the discriminatory treatment received while on sick leave.

3. Defense against false causes of Objective or Disciplinary Dismissal

We dismantle the company's excuses trying to cover up discrimination under a fake objective dismissal for economic causes or an unfounded disciplinary dismissal.

Dismissed while on sick leave?

Do not let them discriminate against you for your health. The time to claim nullity is only 20 days. We act urgently to recover your position and your wages.

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+34 638 012 696

Legal questions about sick leave dismissals.

Technical answers on the nullity of dismissals during Temporary Disability (IT), processing wages, reinstatement, and defense against health-based discrimination.

With the new legislation (Law 15/2022), dismissing a worker for the simple fact of being on sick leave is considered discriminatory and, therefore, the dismissal can be declared VOID (nulo). The company must prove a very justified and illness-independent cause for the dismissal to be legal, otherwise, nullity is presumed.

The main consequence is immediate reinstatement to your job with the same conditions you had before. In addition, the company will be obliged to pay you all "processing wages" ("salarios de tramitación"), which are the salaries you stopped receiving from the date of dismissal until the date of reinstatement.

If the dismissal is void, you do not collect severance because the consequence is reinstatement. However, in the lawsuit for violation of fundamental rights, we can request additional compensation for moral damages and losses derived from the discrimination suffered due to your health status.

Previously there was objective dismissal for absenteeism (even with justified medical leaves), but this article was repealed. Nowadays, if the company alleges objective causes (economic, organizational) to dismiss you while on leave, it must prove very well that your leave has nothing to do with the decision, or the dismissal will be void due to discrimination.

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carolinoliv@icam.es+34 638 012 696

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