Eva Hernández, Partner of the Employment Area of Escalona & de Fuentes, was quoted in an article published by ABC explaining that the Government is rushing to correct an error in the Law on Parity which since 22 August has enabled the dismissal of employees who are on a five-day leave to care for a family member, or who have working day adjustments to assist their work/life balance.
Eva Hernández explains that “as of 22 (August) objective nullity lapsed, but that does not mean that a worker can be dismissed when they have requested or are enjoying an adjustment to their working day” and she reminded the Companies that dismissal cannot take place for discriminatory reasons or where there is a breach of fundamental rights and public freedoms. “Should it not be corrected, what disappears, because it has been eliminated by Organic Law 2/2024, is the currently extant automatic aspect of the nullity,” clarifies the Partner in charge of Escalona & de Fuentes’ Employment Area.
