The Congress of Deputies has eliminated the “error” of the Ministry of Equality that unprotected the dismissals of workers who adapt their working hours to care, which was detected last August. Four months later, Parliament definitively approved this Thursday the Organic Law on the efficiency of the Public Justice Service, the path chosen by the coalition Government to eliminate this “error” via amendment. However, the error will remain for three more months, given that it is the deadline for the entry into force of the procedural efficiency law.
The legislation was ratified this Thursday, when the veto presented by the Popular Party in the Senate was rejected, although there were many doubts that this would be the case.
The vote on the procedural efficiency law, key in many matters for the Ministry of Félix Bolaños, has been in danger in recent days due to Podemos’s notice of possible support for the PP’s veto if a PNV amendment was not fixed, which, According to the purple formation, it will allow “expediting evictions.”
Finally, the veto has been rejected and the law has moved forward in Congress for its entry into force, which includes an amendment with the elimination of this “error” that unprotected the dismissals of workers who have an adaptation of their working hours. to care for.
What has been removed
Specifically, the law approved this Thursday again included in articles 53 and 55 of the Workers’ Statute, in its sections that include several situations expressly recognized as null dismissals, the termination of contracts of workers who “have requested or are enjoying of the day adaptations provided for in article 34.8”.
Article 34.8 regulates the right of workers “to request adaptations to the duration and distribution of the working day, in the organization of working time and in the form of provision, including the provision of their remote work, to make effective their right to reconcile family and work life.”
Thus, the dismissal of these workers with working hours adaptations to care is once again protected by nullity.
The Ministry of Equality eliminated by “error” this special protection in working hours adaptations when it included new ones, the nullity of the dismissal of victims of gender violence, through the Parity Law, which came into force at the end of August.
Three more months until its entry into force
The Ministry of Yolanda Díaz spoke of an “unfortunate technical error” by the Department of Equality, when, by including victims of gender violence, it eliminated those receiving day adaptations from the wording. The Ministry of Ana Redondo promised to correct it “as soon as possible.”
With the Parity Law already published in the BOE, Equality’s intention was to correct it “via amendment as soon as parliamentary activity restarts,” they pointed out to this medium.
Finally, the error was corrected this Thursday, four months later, once the procedural efficiency law returned to Congress in the second round and was ratified by the parliamentary majority. Now, the law is ready for publication in the Official State Gazette and its entry into force, which is largely contemplated – including this issue – “three months after its publication” in the BOE. That is, for March.
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