Revistes Catalanes amb Accés Obert (RACO)

The clash between objective dismissal due to supervening inability for work and especially sensitive workers’ protection: how the courts apply the articles 25 LPRL and 52.1.a) ET

Laura Bardají Salinas


This article concerns about the especially sensitive workers’ protection into the law. After studying how the courts apply the regulations (in a very similar way to the case of risk for motherhood on the workstation), it focuses on how the contradiction between a protection (that aims to keep the employee on his job) for especially sensitive workers and a precept from the Worker’s Statute, which allows the employer to dismiss a worker who becomes unfit for his job (among other reasons, because of a special sensibility), is solved.

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ISSN: 1699-2938