SERIS summons those interested in the lawsuit over night shift pay during vacations

The Court of First Instance of Logroño, in its Administrative Litigation Section number 1, has ordered the summons of potential interested parties in the abbreviated procedure 245/2026, in which the payment of night and holiday supplements during the vacation period is claimed from the Riojan Health Service (SERIS). The summons is formalized by the Human Resources Directorate of the SERIS Management and is published in the Official Gazette of La Rioja no. 209, of October 29, 2026, section III, with the official reference BOR-A-20261029-III–4055. Affected parties have a period of nine business days to appear before the judicial body.

The origin of the summons is the Decree of October 8, 2026, issued by the judicial body, which orders the publicity of the existence of the process so that third parties with a legitimate interest may appear. The resolution is issued within the framework of an administrative litigation process processed through the abbreviated procedure, a modality reserved for matters of smaller amount or limited scope that are resolved with simplified formalities.

The litigation pits Ignacio Martínez Tobía, as the plaintiff, against the Riojan Health Service, as the defendant. The matter upon which the court is ruling is the request for payment of the continuous care remunerative supplement in its modalities A and B—that is, night and holiday—corresponding to the days on which the worker enjoys vacations, a scenario in which the variable remuneration linked to the shift is not accrued as the service is not provided.

Procedure data

• Judicial body: Court of First Instance of Logroño, Administrative Litigation Section number 1.
• Type of process: administrative litigation, abbreviated procedure.
• Case number: PA 245/2026.
• Plaintiff: Ignacio Martínez Tobía.
• Defendant: Riojan Health Service.
• Object: continuous care supplement, modalities A and B (night and holiday), during vacations.
• Act ordering the summons: Decree of October 8, 2026.

How and within what period to appear

The Human Resources Directorate of SERIS summons potential interested parties so that, if they consider it appropriate, they may appear before the judicial body within a period of nine business days starting from the day following the notification of the summons. The announcement warns that, if they do not appear, the procedure will continue without any further notification being issued to them, meaning they will remain outside of subsequent proceedings.

The official text further specifies that the summons itself will be incorporated into the administrative file, which will be forwarded to the requesting judicial body. The publication is signed in Logroño on October 27, 2026, by the Director of Human Resources, María Begoña Lema De Pablo, and consists of a single page of the bulletin.

An open remuneration conflict in the SERIS

The matter affects the remuneration of shifts across the entire Riojan public health system and the method of calculating supplements when the professional does not provide service due to vacation leave. The published resolution does not quantify the claimed amount nor the number of potentially affected workers, details that must be clarified throughout the procedure.

Appearing within the deadline is relevant for any SERIS professional with rotating shifts who receives modalities A and B of continuous care and who may be affected by the ruling issued. Those who do not appear will not be able to defend themselves in the process, although the judgment pronounced may have effects on their future remuneration status.

Source: Official Gazette of La Rioja, no. 209, October 29, 2026, section III, page 18129 (official reference: BOR-A-20261029-III–4055).