Dismissal for missed work days is eliminated

Automatic summary, not yet reviewed

1. The law eliminates the objective dismissal for missed work days, which allowed companies to dismiss workers whose absences, even justified ones, exceeded certain percentages.
2. Until now, this dismissal was applied automatically once the absence percentages were reached, without checking whether it was appropriate and proportionate in each case.
3. The Court of Justice of the European Union had ruled that this type of dismissal can discriminate based on disability, since people with disabilities or long-term illnesses may have more short medical leaves.
4. It can also affect women more, since they mostly handle caregiving tasks, so it could amount to indirect discrimination based on sex.
5. The law replaces Royal Decree-Lawroyal decree-law A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses. 4/2020, of February 18, which had already removed this type of dismissal, and now does so with the rank of a law.
6. The law takes effect the day after its publication in the Official State Gazette (Boletín Oficial del Estado).

Who it affects

• Workers: They can no longer be objectively dismissed for accumulating absences, including short medical leaves.
• People with disabilities or long-term illnesses: They are protected from a dismissal that could discriminate against them for having more medical absences.
• Companies: They lose this low-cost way of ending contracts; unjustified absences can still be punished through other means, such as disciplinary dismissal.
• Women with caregiving responsibilities: They avoid a dismissal risk that could penalize absences related to work-life balance.

Words worth knowing

Despido objetivo (objective dismissal)

A dismissal a company can decide for reasons set by law, paying compensation, without the worker having committed a serious breach.

Derogar (repeal)

To do away with a law or part of it.

Discriminación indirecta (indirect discrimination)

A situation where a seemingly neutral rule harms a specific group more, such as people with disabilities or women.

Contingencias comunes (common contingencies)

Medical leaves due to illness or accident not related to work.

royal decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

decree-law

A rule with the force of law that the Government passes because it is urgent. It applies from its publication, but the Congreso must validate it within 30 days or it lapses.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries