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Most judges now declare virus-related dismissals unjustified

| News | Employment Law and Social Security

Alfredo Aspra analyzes the so-called prohibition of dismissal

Unfair dismissal is the ruling generally issued by the Employment Courts (JS) when dealing with dismissals of workers for economic reasons during the state of emergency.

The consideration of null dismissal, on the other hand, despite its greater notoriety, is only used for those dismissals that are more serious due to non-compliance with certain regulations, not only article 2 of Royal Decree-Law 9/2020, which aims to prevent dismissals under the state of emergency.

For Alfredo Aspra, Partner in Andersen's Employment Practise, of what is regulated by RDL 9/2020, he highlights that in dismissals of a structural or definitive nature and, therefore, not temporary, as has been declared by some courts, the so-called prohibition of dismissal, should not be an impediment to the declaration as being in accordance with the law.

The full article can be read in El Economista

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