Although the Supreme Court has repeatedly held since 2004 that dismissals during sick leave shall not qualify as null per se, some of the Judges in the Labour Chamber of the Superior Court have still been ruling that such decision breaches the employees’ fundamental right to their physical integrity and indemnity and declared these employment terminations to be null and void.

The issuance of this last Judgment of the Labour Chamber of the Superior Court of Madrid, adopted by majority vote in a plenary session, will hopefully end the uncertainty generated by the situation described above.

What this means for you

Companies will have a wider range of choice when deciding on the employees to be affected by a dismissal, as long as they do not incur discriminatory practices.