2023-07-01 12:41:36
All those layoffs that a company carries out when one of its workers demands that it exercise any of the new rights to conciliation that have come into force this Saturday will be classified as null. The Government includes in its royal decree of urgent measures a reinforcement of the protection against possible reprisals suffered by employees and includes “the enjoyment of all the rights of conciliation, including the new ones, among the causes of nullity”, according to the Bulletin State Official (BOE).
Thus, labor regulations extend the guarantees of employees and harden the consequences for those companies, at the same level as a dismissal in case of pregnancy or illness, among others.
The BOE collected three new work permits last week that employed workers can invoke in a series of specific cases and that allow them to have more facilities to reconcile their work and personal lives. Five days to care for a sick family member or partner, four days a year in the event of an incident due to force majeure or up to eight weeks -unpaid- to extend paternity leave. These are the three new licenses that any employee can invoke from this Saturday.
And companies cannot deny them, as long as employees process the paperwork in the time and manner agreed by law. Vetoing access to said licenses or imposing penalties for exercising them will have consequences for the companies, as provided for in the approved royal decree. In the event of dismissal, and provided that the worker can prove that the termination is motivated by wanting to exercise his rights and not for other reasons, the affected party may claim the annulment before the courts.
What does a null dismissal mean?
The Spanish legal system contemplates three types of dismissals: The appropriate, the unfair and the null.
dismissal from: It is a lawful dismissal and in which the company has followed the legal channels. In other words, a termination will be appropriate in which the company can adduce disciplinary causes. For example, repeatedly absent from work without reason. It will also be appropriate if you can argue economic and organizational causes, among others. If a judge so decides, the company should not do anything and the terminated worker will not have the right to reinstatement or additional compensation.
Unfair dismissal: is the one in which the judge determines that the company did not act in accordance with the law. For example, the company did not provide the reasons for the dismissal to the worker or breached any of the rights to a prior hearing, among others. If a judge determines the unfairness of a termination, the worker has the right to receive additional compensation, for a minimum value of 33 days per year worked, with a maximum of 24 monthly payments.
null dismissal: The case of nullity is the most guaranteeing for the workers and is reserved for those cases of discrimination. That is, a company dismisses a worker for his sexual orientation, their ethnicity or their political or union affiliation, among others. Also to shield the right to conciliation, which gives special protection to pregnant women. If a company fires a pregnant woman for the fact that she is pregnant, the termination will be automatically void when she denounces it and a court rules. Another example is paternity leave, if a man claims to exercise it and the company fires him for it -either formally with this or another argument-, said dismissal is void. And, from now on, the three new permits contemplated in the family law enter into this assumption.
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If a court determines that a dismissal is void, this will force the company to readmit the worker or worker back to his job. It is not valid in another or with worse conditions. You must also pay all the salaries that said employee should have been receiving from the moment of termination and until the forced reinstatement. In addition, each judge, depending on the case, may order additional compensation to be paid by the offending company.
To claim the nullity of a termination, however, it is necessary for the injured worker to file a complaint in court. Thus opening a process that can take several months or more than a year, depending on the traffic jam suffered by the courts of each territory, in having a sentence and being resolved.
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