In the labor field, Royal Decree-Law 2/2024 was published in the Official State Gazette (BOE) on May 21. This law adopts urgent measures to simplify and improve the level of unemployment benefits and to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019, on the reconciliation of work and family life for parents and carers and repealing Council Directive 2010/18/EU.
The legislative reforms incorporated by this regulation are detailed in three articles: one amending the Workers' Statute, another the General Social Security Law, and the last introducing reforms to the Basic Statute of Public Employees.
Apart from the other provisions that make up and integrate the content of this Royal Decree, the most relevant and significant new features are those that refer to the following labor and legal aspects:
Work-life balance: Breastfeeding leave
The breastfeeding leave policy has been amended to increase and improve the recognition and protection measures for work-life balance leave. This right establishes the possibility of exercising this right by accumulating the corresponding period into full-time work days, without requiring this option to be expressly contemplated in the company's collective bargaining agreement or an agreement with the company that supports it.
Therefore, a new way of exercising the right to breastfeed is being incorporated, complementing those already recognized until this Royal Decree came into force, allowing workers protected by this right to reduce their working hours through various means.
Employment subsidy
The group eligible for this level of care coverage has been expanded, with the inclusion of access for individuals in certain age groups not previously covered.
Clear proof of this is that those under 45 without dependents are eligible for this right, provided they have exhausted a contributory benefit of 360 days, as well as all those who can prove contribution periods of less than 6 months, regardless of whether they have no dependents.
One of the most relevant and significant aspects for the new groups benefiting from this subsidy is that they will be able to combine this assistance model with their paid employment for a maximum period of 180 days. This is intended to avoid penalizing or harming those who have successfully re-entered the labor market through one or more employment relationships.
Furthermore, this subsidy is compatible with the financial benefits to which the beneficiary groups may be entitled for attending on-the-job training or as compensation for external academic internships that are part of their study plans.
Prevalence of regional collective agreements
Trade unions and business associations that meet the legitimacy requirements set forth in Articles 87 and 88 of the Workers' Statute will have the capacity and authority to negotiate collective agreements and interprofessional agreements, which, within the autonomous community, will have priority over agreements at the sectoral or national level.
However, the priority for applying these agreements depends, among other factors, on whether their content incorporates regulations that "are more favorable to workers than those established in state agreements or conventions."
New subsidy for victims of gender violence
One of the most significant new developments is the creation of a subsidy for women over 16 who are victims of gender-based violence.
Most of these modifications introduced by the Royal Decree-Law will come into effect on November 1, 2024, with the exception of the prevalence of regional collective bargaining agreements and the maternity leave, which came into effect on May 23, 2024.
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