Objective dismissal on the grounds of absenteeism in the workplace

The Royal Decree-law 4/2020 repeals the objective dismissal on the grounds of absenteeism in the workplace established in article 52.d) of the consolidated text of the Workers’ Statute Law (RD Leg 2/2015). The repeal came into force on the 20th of February, 2020.

The dismissal of the grounds of absenteeism in the workplace that was governed by article 52.d) of the Workers’ Statute, which has now been repealed, legalized the objective dismissal of employees whose absenteeism from work, whether it was justified or not, if it exceeded a certain percentage(reaching twenty percent of the working days in two months consecutive as long as the total number of days off work in the twelve months beforehand reached five percent of the working days, or the twenty five percent in four months discontinuously within a period of twelve months).

This termination of the contract entitled the worker to claim reduced compensation (20 days a year worked with the maximum of twelve monthly instalments).

The repeal is not retroactive, which means that any legal claims procedures that are in progress or have been completed up until the aforesaid repeal date shall be governed by the provision that has been repealed.

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