I have been working in a company dedicated to the sports field as a technical coordinator for 9 years.In recent weeks they force me to make a medical recognition to determine if I am trained to perform my functions as a sports technician because of my diabetes, even knowing the company for nine years that it suffers diabetes.They also do it in an injurious way and with falsehood, since they communicate me in writing that I have been myself who I have recognized that I am incapacitated for the realization of my functions, this being totally false since neither verbally nor in writing I have never declared that I am that I am that I amunable to perform or prescribe physical activity.They are supported in an article of prevention of occupational hazards where it is specified that the worker who endangers his own health, that of his partners or users of the center must undergo mandatory medical recognition to determine if he is trained in his functions.I would like to know if there are presidors of this type and what judicial measures can I take, since I feel they are threatening my moral dignity, my integrity, discrimination for health reasons, etc. I can obviously perceive that the reasons are others, say goodbye to reduce costs to theCompany and in a dirty and insulting way they want to take my state of health as a reference.I would like to know if they exist for this reason and what judiciary measures can I take, I need help, if someone can hold any hand please contact me my email is nerion1_3@hotmail.com .
I am waiting for your comments
A hug to all !!!!
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carpa
05/17/2011 6:15 p.m.
Hi Nacho69, I am not being able to help you, I think you should inform yourself in an advice that is dedicated to labor issues.Do not let the land and fight for what is yours, I do not think that diabetes endangers your work.
CHEER UP!!!!!!!!!!!!!!!!!!!!!!!!!
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Thank you very much for your answer, I have already advised and tell me that there is a fairly large legal vacuum on this issue.
Greetings
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Good morning.
If the company stipulates the obligation to undergo medical examination, you must submit.If they declare you not suitable for your work for your diabetes and say goodbye, without a doubt, to judgment.You can show that you have done your work correctly for 9 years, if your endocrine says that your diabetes has not worsened in these years, you will almost certainly have the trial won, and the dismissal will be void.So they will have to readmit you.
Anyway, put in hand with a good labor lawyer.
Good luck, and don't let them be trampled.
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Good luck and for them.
All the best.
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One thing is that they declare you not suitable and a very different one that fired you ...
They cannot say goodbye for having diabetes, it is very clear improper dismissal ... They are obliged to provide you with a job according to your characteristics (if the medical examination results in not suitable) and but to assume the indemniation of 45 days per year worked.There is no more.
I also think you should do medical examination .... No one from your company can have information about your illness ... They can only know if you are suitable or not.
Although they already know for you, the recognition report should not put anything but suitable or not.
It occurs to me that the Diabetes Foundation could help you (I imagine that lawyers will charge what corresponds to them ... well, they will surely charge it).
On your website you can read several of your judgments, already famous (Madrid blockbuster, Auxiliary Prisons, Local Police Catalonia ...)
If you are from Madrid, in the capital association they have a good lawyer.
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