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Refusal of medical examination is grounds for dismissal

| COVID-19 / News | Employment Law and Social Security

Alfredo Aspra explains that the worker's refusal to carry out the obligatory medical examination was unjustified and therefore he does not see that the dismissal is null in El Economista

A worker who repeatedly refuses to undergo a medical examination, despite being required to enter the company's premises for health and hygiene reasons, may be dismissed by the employer in an appropriate manner.

This was determined by the Galician High Court of Justice, in a ruling of 17th October 2019, which acquired significant notoriety in the midst of the campaign to combat Covid-19 and in view of the obligations that companies are going to adopt, within the restrictions necessary to avoid contagion.

Alfredo Aspra, partner in charge of the employment practice of Andersen Tax & Legal, explains that in this case the refusal was "stubborn, repeated and totally unjustified to perform the medical examination, when in his case it was totally necessary to be able to access the client company's facilities, as the company demanded to have the medical examination in force or not to let him in".

Up to five appointments were made by the employer for the worker to go for a medical examination. In the first two, as it was August, it could be justified not to go, because the employee was enjoying his holidays. The third appointment could also be justified because he was on medical leave. But on the fourth and fifth there was no reason for the refusal, explains Aspra.

In this case, moreover, Aspra points out, the company's Collective Bargaining Agreement expressly foresees as a very serious offence the refusal to undergo compulsory medical examinations - and in this case it was compulsory - and although the medical examination must be carried out within working hours, this will be the case whenever possible, but what the employee cannot do is simply not go without justification.

You can read the full article in El Economista

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