A court decision in Asturias has set a significant precedent for labor disputes: an employee of an auto parts sales company was dismissed after failing to return to work for 17 business days following the end of his medical leave. The employer repeatedly tried to contact him but received no response. The court found the company’s actions justified, despite the employee’s long tenure.
According to court documents, the man began working at the company in 2008 and received a permanent contract after six months. In November 2024, he went on medical leave due to a general illness. In December, the medical organization notified the employer of his recovery; however, the employee did not return to work. Attempts to reach him by phone were unsuccessful, and only after an official letter demanding an explanation did the employee provide his reasons for the absence.
Employee’s arguments
In response to the company’s inquiry, the man stated that his absence was due to depression caused by his mother’s serious health condition, for whom he was caring. He also explained that he was unable to respond promptly to calls and letters because his mobile phone was not working, and postal correspondence accumulated due to his constant duties at home. According to him, he used his mother’s phone but did not always have access to it. However, the employer found these explanations insufficient, as he provided no documents confirming a valid reason for his absence from work after the official end of his sick leave.
Court’s position
The court upheld the employer’s decision, noting that being unaware of the end date of sick leave cannot serve as an excuse when the worker himself is responsible. The court pointed out that the company took all possible measures to contact the employee, and his prolonged absence without valid reasons violated labor discipline. As a result, the dismissal was deemed lawful, and the employee was paid a settlement of €1,200 for December.
Implications for the labor market
This case highlights the importance of promptly notifying the employer about any circumstances preventing you from coming to work, as well as the necessity of providing documented proof for absences. According to RUSSPAIN.COM, such court decisions may shape future approaches to labor disputes, especially in situations where an employee does not respond after their sick leave ends. Employers, in turn, have confirmation of their right to terminate employment if an employee is absent for an extended period without valid reasons.
The labor dispute was reviewed by the High Court of Asturias, which upheld the lower court’s decision. This judicial body specializes in resolving complex labor conflicts and often serves as the final instance for employees and employers in the region. Its rulings shape the practices that companies and staff follow when dealing with contentious issues related to disciplinary violations and dismissals.
