It ratifies the ruling handed down in the first instance in which the disciplinary dismissal of a worker who changed her address and demanded teleworking from the company.

The ruling of the Superior Court of Justice of Madrid 149/2024 of January 12 resolves the appeal filed against the ruling of the Social Court No. 14 of Madrid of September 1, 2023, whose ruling confirms.

In the lawsuit, the worker appealed the disciplinary dismissal decided by the company due to her failure to return to her job after a leave of absence. Said worker had requested the provision of services in the remote work modality, a request that was denied by the company, and she did not return to her position on the date on which she should have done so despite the company's repeated requests to make said return effective.

The trial court dismissed his claim to challenge the disciplinary dismissal agreed upon by the company, justified by his unjustified absences from work, disobedience and violation of contractual good faith.

Spanish labor regulations contemplate measures to promote the right to reconcile family and work life, including those contemplated in article 34.8 of the Workers' Statute, the provision of remote work, regulated in Law 10/2021 of July 9, whose article 2 section b) defines teleworking as remote work that is carried out through the exclusive or prevalent use of computer, telematic and communication media and systems. telecommunications, establishing in article 5.1 that remote work will be voluntary for the worker and the employer.

Starting from her right to establish her domicile where she deems most convenient, the Court understands that by changing her domicile, the plaintiff created a circumstance to justify her decision not to go to her workplace, claiming a kind of right to transfer that the company is not obliged to accept. In this way, the repeated refusals to return to their position despite the company's calls involve the commission of multiple very serious offenses due to their repeated unjustified absences from their job, as well as disobedience at work and transgression of contractual good faith, in addition to abuse of trust in the performance of work.