The entry into force, on August 22, of the Final Provision Nine of Organic Law 2/2024 introduces a significant change in the Workers’ Statute (WS). This modification, promoted by the Ministry of Labor, alters the protection of employees requesting a working hours adaptation or work-life balance permits, eliminating the presumption of automatic nullity in cases of dismissal.
What changes with the new regulation
Until now, dismissals following a request for working hours adaptation or permits related to family and personal reconciliation were considered automatically null unless the company demonstrated that they were due to reasons unrelated to that request. With the reform, the burden of proof is reversed: now it will be the worker who must demonstrate that the dismissal occurred solely due to exercising their right to request this adaptation.
The measure particularly affects:
- Workers requesting permits contemplated in article 37.3 b) of the WS, such as those related to the care of children, relatives, or cohabitants
- Employees requesting or enjoying working hours adaptations under article 34.8 of the WS.
This modifies articles 53.4 b) and 55.5 b) of the WS, eliminating objective protection against dismissal in these cases.
Possible consequences for workers and companies
The reform generates uncertainty in the labor field due to its impact on workers’ rights:
- Increase in labor litigation:
An increase in court cases is expected, as employees will have to resort to legal action to prove they were dismissed for exercising their right to reconciliation. This could imply higher legal costs for companies and prolong the conflict resolution processes. - Deterrent effect on reconciliation requests:
The elimination of automatic protection could discourage workers from requesting working hours adaptations out of fear of retaliation, which could hinder the reconciliation of work and personal life. - Impact on productivity and workplace well-being:
With reduced legal security for employees, job dissatisfaction and insecurity may increase, with adverse effects on productivity and workplace cohesion.
A possible legislative error with European implications
The elimination of automatic nullity has been described as a possible technical error. Furthermore, the reform could put Spain at odds with European Directive 2019/1158, which obliges Member States to guarantee the protection of workers requesting family reconciliation permits. According to the Directive, countries must adopt measures prohibiting dismissals related to these requests, which could lead to economic sanctions by the European Union if Spain does not correct this situation.
What can we expect?
The reform of the WS raises important questions about the balance between business flexibility and labor rights. While the error is expected to be corrected in future legislative amendments, it will be crucial to observe how this regulation evolves in practice and what its impact on the Spanish labor market will be.
