As a rule, no. Article 12 of Law No. 5953 lays down an express prohibition: the employment contract may not be terminated by the employer on grounds of the journalist's illness.
The Six-Month Threshold
The prohibition is not absolute. The article recognises a limit: where the illness extends beyond six months, the contract may be terminated with compensation.
| Duration of illness | Termination | Compensation |
|---|---|---|
| Up to 6 months | Not permitted | — |
| Beyond 6 months | Permitted | Only on payment of compensation |
The Right to Be Taken Back
The most striking rule in the article is not that one. The real protection is in the final sentence: a journalist dismissed on this ground who recovers within one year is taken back to their old job in preference.
The word "in preference" means the journalist has priority if recruitment is made to the same job again. A dismissal on grounds of illness therefore does not end the relationship definitively; it creates a one-year priority right.
| Stage | Consequence |
|---|---|
| Illness begins | The prohibition on termination applies |
| It passes six months | Termination possible with compensation |
| Recovery within one year of dismissal | Taken back to the old job in preference |
Do Not Confuse This with Other Grounds
Article 12 governs only the case of illness. Situations such as the journalist knowingly or through gross negligence damaging the reputation of the publication are in Article 11, where the employer may terminate immediately.
The employer's ordinary route is Article 6: one or three months' written notice by seniority. This is covered in the notice article.
Similarity with the Military Service Protection
The Law creates a comparable protective structure for military service. Pay and the status of the contract during military service are covered in the military service article.
Bottom Line
A journalist's contract cannot be terminated on grounds of illness. Where the illness extends beyond six months, termination becomes possible on payment of compensation. A journalist dismissed on this ground who recovers within one year is taken back to their old job in preference.