A technical error in the wording of Organic Law 2/2024, of 1 August, on equal representation and balanced presence of women and men, known as the Parity Law, now allows companies to dismiss workers who have requested an adapted working day or leave for family reconciliation. Let’s see what the situation is.
When does the Parity Law come into force
Tomorrow, 22 August 2024, the Parity Law will enter into force. The aim of Organic Law 2/2024 on equal representation and balanced presence of women and men is to guarantee gender equality in various areas, including the labour market. To this end, it establishes a series of amendments to the Workers’ Statute, Spain’s main labour law.
What does the new Organic Law 2Qué dice la nueva Ley Orgánica 2/2024 say
As recognised by the Ministry of Equality itself, the promoter of the law, a technical error in the wording of the law could allow companies to dismiss workers who request changes in their working day or leave for family reconciliation. For example, the Parity Law gives companies the power to dismiss workers who request five days’ leave to care for sick family members.
Where is the error
The error is due to an omission in the protections that until now shielded workers in these situations from dismissal. In order to include female workers who are victims of gender-based violence in the articles of the Workers’ Statute, changes have been made to an obsolete version of the law, prior to the modification that took place in Royal Decree Law 5/2023, which came into force last year.
Since the approval of Royal Decree-Law 5/2023, of 28 June, and until now, dismissals related to requests for leave or changes in the working day due to family reconciliation were considered null and void. These workers have enjoyed special protection and, as a result, should be reinstated immediately. In addition, the company had to pay them the unpaid wages in the period between the illegal dismissal and the judgement.
However, with the new Parity Law, these dismissals are now classified as unfair. With this classification, the company is free to dismiss the worker and is not obliged to reinstate him/her. It only has to pay compensation of 33 days’ salary per year worked up to a maximum amount equivalent to two years’ salary.
What happens next
The Ministry of Labour has committed itself to rectify the failure as soon as possible, although it has not given a specific date. Because this change requires a process that cannot be immediate. It must necessarily be approved by both Congress and the Senate. The Council of Ministers will not start work again until 27 August, five days after the change in the Workers’ Statute comes into force. Therefore, at least a few weeks will have to wait for this rectification to take place.
Pending the text being rectified, over the next few weeks companies will have the ability to dismiss workers who request changes to their working hours or work-life balance leave. Both employees and employers find themselves in a situation of uncertainty that will hopefully be resolved quickly. From the labour consultancy service of Confianz, we will remain attentive to the news to advise the companies that trust us. Do you want to be one of them? We are waiting for you.