The Law on efficiency measures in the Public Justice Service restores the nullity of dismissal of workers with an on-demand working day

Organic Law 1/2025, of 2 January, on measures for the efficiency of the Public Justice Service has been published in the Official State Gazette. In addition to several amendments to Law 36/2011, of 10 October, regulating the social jurisdiction, it includes, among others, the following provisions on labor matters:

• Corrects the error of Organic Law 2/2024, of 1 August, on equal representation and balanced presence of women and men to reintroduce the objective or automatic nullity of objective and disciplinary dismissals that occur after having requested or been taking advantage of the adaptation of working hours by means of article 34.8 of the Workers‘ Statute or the five days’ leave for illness or hospitalisation of a family member under article 37.3.b of the Workers‘ Statute.
• It introduces modifications in relation to the termination of the contract at the employee's will (article 50 of the Workers‘ Statute) in the event of non-payment or continuous delays in the payment of the agreed salary. Thus, it is provided that, without prejudice to other cases that may be considered just cause for these purposes, it will be understood that there is a delay when the date set for the payment of the salary is exceeded by 15 days, the cause being present when, in a period of one year, three full monthly payments of salary are owed, even if not consecutive, or when there is a delay in the payment of the salary for six months, even if not consecutive.