After coming into force on August 22, 2024, the new parity law has implied changes in certain articles of the Workers’ Statute.
The modified articles are those that regulate the form and effects of the termination of the employment relationship for objective causes, as well as those related to the form and effects of the termination of disciplinary dismissal.
When comparing both versions of the referenced articles, the objective nullity of the termination of the contract for objective causes or disciplinary dismissal disappears for those workers who:
- request or are enjoying the five-day leave due to accident or serious illness, hospitalization or surgery without hospitalization that requires home rest, either of the spouse, domestic partner, or relatives up to the second degree by blood or affinity.
- Likewise, this protection is also lost for those who request an adjustment of working hours as established in Article 34.8.
However, even though the automatic nullity has been eliminated in the cases indicated above, it is important to remember that the dismissal of a worker based on the request for a conciliation measure can still be considered discriminatory and, therefore, null and void. In short, the elimination of the automatic nullity does not mean that dismissals in these cases are now instantaneously valid.
The great work will be in proving on the part of the worker that the dismissal has discriminatory causes, and in this way be able to request the nullity of the dismissal in addition to requesting compensation for damages if it is the case.
And very important to take into account, if we have presented previous claims to the company, and the company fires us afterwards, we can request the nullity of the dismissal for violation of the guarantee of indemnity (this is a fundamental right enshrined in Article 24 of the Spanish Constitution), this means that, if a worker files a complaint with the Labor Inspectorate, or makes judicial or extrajudicial claims, the employer cannot fire him, nor sanction him, nor take measures against him, and in case of doing so, the dismissal shall be considered null and void. This is the protection that the worker has against retaliation by the employer, when the worker has taken judicial or extrajudicial actions against him.
That said, if you find yourself in a situation where you want to request a reduction of the working day, and the company fires you (objective or disciplinary dismissal), you will not have the protection of objective nullity (previous regulations), but you must first prove that you are being fired for requesting a reduction of the working day and this will be discriminatory, but you must prove it, and request the nullity of the dismissal.
If you want more information on this matter, do not hesitate to contact us and we will provide you with all the necessary information so that you have the tools and know how to act in these situations.
Sheila Quiroz Sifuentes
Lawyer M&C Abogados
