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Twenty-sixth final provision of Organic Law 1/2025, of 2.1.2025

 

Organic Law 1/2025 published on January 3, 2025 (see page 266 and 267 of the PDF) in which modifies the Workers' Statute Law(approved by Royal Legislative Decree 2/2015, of October 23).

Below are details of the main changes established in the twenty-sixth final provision of this law, which will come into force from April 3, 2025:

Modification of article 50: termination at the will of the worker

This article establishes new causes that allow the worker to request the termination of his employment contract, with the right to compensation equivalent to that provided for an unfair dismissal. Causes include:

They will be just causes for the worker to request the termination of the contract.:

to)   Substantial modifications in working conditions carried out without respecting the provisions of article 41 and that result in impairment of the worker's dignity.

b)   Non-payment or continued delays in paying the agreed salary. It will be understood that there is a delay:

  • Delay of more than fifteen days with respect to the date set for the payment of salary.
  • Delay in three full monthly payments of salary within one year, even if they are not consecutive.
  • Delay in payment of salary for six months, even if they are not consecutive.

c)   Any other serious breach of its obligations by the employer, except in cases of force majeure, as well as the employer's refusal to reinstate the worker in his or her previous working conditions in the cases provided for in articles 40 and 41, when a court ruling has declared them unjustified.

Modifications to articles 53 and 55 of the ET.

The modifications specifically affect the letters b) of sections 4 of article 53 and 5 of article 55,expanding protection against dismissal for certain groups of workers, so that the extinctive decision will also be void in the following cases:

to)   pregnant workers, from the date of the start of pregnancy until the beginning of the suspension period referred to in letter a), due to birth, risk during pregnancy and breastfeeding.

b)   Working people who have requested or are enjoying permits:

  • Permissions provided for in art. 37 sections 3.b), 4, 5 and 6, the provision of 5 days for an accident or serious illness, hospitalization or intervention without hospitalization that requires home rest.
  • Working day adaptations provided for in article 34.8 that guarantee the right to family and work conciliation.
  • Leave of absence provided for in article 46.3, to care for children through legal guardianship, spouse, partner or family member up to the second degree of consanguinity.

c)   Workers who are victims of gender or sexual violence: for the exercise of their right to effective judicial protection or the rights recognized in this law to make effective their protection or their right to comprehensive social assistance.

 

BOE_A_2025_76.pdf

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