Spanish employment lawyer warns: never flatly refuse your boss's orders

Returning to work after medical leave can be a real headache. It is not unusual that, even after being given the all-clear and told you are ready to get back into the routine, you are still dealing with some discomfort. An injury that has not fully healed, that persistent lower back pain or any other physical ailment can keep causing trouble even after you have returned to your post.

This is where the million-dollar question arises: what happens if your employer asks you to do something that you honestly believe you cannot do at that moment? Employment lawyer Ignacio de la Calzada has focused on this situation and issued a fairly clear warning to workers: flatly refusing a company order can cost you dearly.

De la Calzada, through his TikTok account "Un jefe legal", has explained that "Never refuse to carry out an order at work because it can cost you very dearly". He gives a real and recent example: many workers return from sick leave and there are certain tasks that, due to their physical condition, they cannot take on. The mistake, according to the lawyer, is to refuse outright, because this can lead to a sanction, including loss of job and pay, since it is considered disobedience of a company order.

However, things change when the worker has a solid justification and genuinely believes they are not in a fit state to carry out the assigned task. In these cases, De la Calzada sets out a series of steps worth trinc to leave a record of the situation and protect yourself.

The lawyer insists that your own assessment of your health matters, but there is a procedure to trinc. Ideally, when you return to work after sick leave, you should be given a medical examination and an assessment of your workplace. Unfortunately, De la Calzada criticises the fact that many of these assessments leave a lot to be desired.

From there, the main recommendation is to put in writing any discomfort you are still feeling and report it to the company. The idea is not to refuse to work, but to fulfil your responsibilities and, if the task causes or worsens a health problem, to have evidence to make a claim later.

What if a specific task causes you pain? De la Calzada explains it like this: if you have an assessment saying "fit with restrictions", you must inform your company, in writing (email, WhatsApp, whatever), that you are still performing certain duties and that they are still causing you pain.

The next step is crucial: when you are ordered to carry out that specific task, you must tell them that you cannot do it, but that you will try. You do it, and while doing it, if the pain kicks in, you must notify the company immediately.

At that point, you are fully entitled to go to the Mutua (Spain's public workers' compensation mutual) to receive care and obtain a document certifying what peine. You must inform the company that you are going to the Mutua because you need medical attention, since you are in pain and discomfort.

According to the lawyer, the Mutua's report will serve to prove that the discomfort or pain appeared while you were carrying out the assigned task. He even contemplates the possibility of going to the emergency room if the situation requires it. If the company objects to you leaving, De la Calzada suggests you could even call an ambulance.

The aim of this whole protocol is to make it clear that you have not abandoned your post nor refused to comply with an order. On the contrary, you have tried to carry it out and, during the process, you have suffered a health problem that forced you to seek medical attention. This way, the company cannot accuse you of abandoning your post or of disobedience, since you did perform the task and had to stop for health reasons.