A court decision in Asturias has set a notable 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 made several attempts to contact him but received no response. The court found the company’s actions justified, despite the employee’s long service record.
According to case files, the man began working at the company in 2008, and after six months received a permanent contract. In November 2024, he went on medical leave due to a general illness. In December, the medical organization informed the employer of his recovery, but the employee did not return to work. Attempts to reach him by phone were unsuccessful, and only after the company sent a formal letter requesting an explanation for his absence did the employee provide a response.
Employee’s arguments
In response to the company’s inquiry, the man explained that his absence was due to depression caused by his mother’s serious health condition, for whom he was caring. He also stated that he was unable to respond promptly to calls and emails because his mobile phone was not working and his mail piled up due to being constantly occupied 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 no documents were provided to justify his absence from work after the official end of his medical leave.
Court’s position
The court upheld the employer’s decision, stating that being unaware of the end date of sick leave cannot serve as an excuse if it is the employee’s own fault. The court noted that the company had taken all possible steps to contact the employee, and his prolonged absence without valid reasons constituted a violation of workplace discipline. As a result, the dismissal was deemed lawful, and the employee received a final payment for December totaling €1,200.
Implications for the labor market
This case highlights the importance of promptly informing the employer of any circumstances that prevent an employee from returning to work, as well as the necessity of providing documentary proof for absences. According to RUSSPAIN.COM, such court decisions may influence the way labor disputes are handled in the future, especially in situations where an employee fails to make contact after a medical leave ends. Employers, in turn, receive confirmation of their right to terminate employment contracts in cases of prolonged absence without valid reasons.
The labor dispute was considered by the High Court of Asturias, which upheld the decision of the lower court. This court specializes in resolving complex labor conflicts and often serves as the final instance for employees and employers in the region. Its rulings set precedents that both companies and staff follow when encountering contentious situations related to disciplinary actions and dismissals.
