In the dismissal letter that the company sent to this person, and which is included in the sentence, it is highlighted that he already had shortcomings in the development of his work, even before teleworking.
From March 2020, the company allowed him to start teleworking, but agreeing on the daily obligation to send a task every day to coordinators or management team in order to be able to record the daily work, and also agreed on the need to have wifi and adequate equipment to be able to carry out his work, and in the same way to be reachable by phone or email during the working day, and even to be available to attend the center in person.
It seems that when the worker moved to his second residence, he no longer had the conditions agreed upon with the company to be able to carry out his telework, highlighting above all that he did not send the log of the day, did not attend to the emails and incidents that there were, and therefore did not carry out his work according to what had been agreed with the company.
Based on all these facts, and according to what is established in article 54.2 of the Workers' Statute, section "d", which establishes as a cause "the transgression of contractual good faith", and section "e", which refers to "The continuous and voluntary decrease in the performance of normal or agreed work". And also according to article 645 of the General Collective Agreement of centers and services for care for people with disabilities, which establishes as a cause "fraud, disloyalty or abuse of trust in the tasks entrusted", the company dismissed the worker.