The treatment of absenteeism in recent case law: A review of key judgments

Abstract

Workplace absenteeism has become one of the most relevant issues in contemporary labour relations. The repeal of Article 52(d) of the Spanish Workers’ Statute has profoundly reshaped its legal treatment, shifting the focus from objective dismissal due to absenteeism to other managerial mechanisms for dealing with employee absences, especially disciplinary power, collective bargaining and attendance-based wage incentives. This paper analyses recent labour case law, with particular attention to Spanish judgments issued between 2023 and 2026, and examines the main interpretative trends regarding absenteeism, wage incentives, equality and non-discrimination. The legal analysis is complemented by an economic and statistical overview of the phenomenon, based on official Spanish and European sources. Finally, several proposals are put forward with a view to improving the regulation and management of absenteeism while preserving a fair balance between managerial interests and workers’ rights.