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Spanish court found it legal to fire for failure to appear in the epidemic

MADRID Dec 6 Failure to show up to work in an epidemic without good reason is a sufficient reason for dismissal, the Spanish court ruled, according to the Efe agency. The Fifth Chamber of Social Affairs of the High Court of Madrid in October 2020 ruled in favor of the employer, who dismissed the employee for not showing up. three days to work in March-April 2020 under the pretext that he is afraid of infecting his parents. In June 2021, the court rejected the appeal of the dismissed, now the decision has entered into force, since the parties no longer disputed the order, Efe reports. The lecturer at the RANEPA could not challenge the dismissal for denying the Holocaust The employee and the employer signed an open-ended contract in 2008, on April 30 she was fired after she did not show up at work three times under the pretext that she was afraid of getting infected and infecting her parents. In the conditions of the first wave of the epidemic and quarantine, employers took the necessary sanitary measures: employees worked online most of the time, while the order of their personal presence was established, they were also provided with masks and sanitizers. On March 23, 2020, the employee sent an e-mail to her superiors, in which she notified that she would not come on March 25 during her duty, the employer insisted on appearing in person, but she ignored the demand. A similar situation occurred twice more – she again referred to the need to take care of her parents, the fourth time the employee was on sick leave due to an attack of panic. The court concluded that the company had a realistic assessment of the risks, that the possibility of infection at work was assessed as low and that the employee was not included in the group of people for whom being in public places posed an increased risk.


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