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Labor News Royal Decree-Law 5/2023 of June 28

He Royal Decree-Law 5/2023 transposes, among others, the Directive (2019/1158) on the conciliation of family life and professional life of parents and caregivers, which before the dissolution of the Cortes was undergoing parliamentary processing in the draft of the so-called Family Law .

Paid leave of article 37 of the Workers' Statute

The following new developments regarding permits are introduced in article 37 of the Workers' Statute:

  • The 15 calendar days of paid leave for marriage in the case of registration of de facto couples.
  • The days of paid leave are extended the current 2 after 5 days due to a serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest for the spouse, de facto partner or relatives up to the second degree by consanguinity or affinity, including the blood relative of the de facto partner, as well as any other person other than the above, who lives with the worker at the same address and who requires the effective care of it.
  • Paid leave is extended two days for the death of the spouse, or relatives up to the second degree of consanguinity or affinity to de facto couples. When for this reason the worker needs to travel for this purpose, the period will be extended by two days.
  • Special permission for reasons of force majeure: the worker will have the right to be absent from work due to force majeure when necessary for urgent family reasons related to family members or cohabitants, in the event of illness or accident that makes their immediate presence essential. 
Family Conciliation Royal Decree-Law 5/2023

Workers will have the right to be paid for the equivalent hours of absence for the causes provided for in this section. four days a year, in accordance with the provisions of the collective agreement or, failing that, in an agreement between the company and the legal representation of the workers, with the workers providing, where appropriate, accreditation of the reason for absence.

  • Infant care leave (article 37.4): In the event that two workers of the same company exercise this right for the same subject, and the company wants to limit its simultaneous exercise for justified reasons of the company's operation, the business obligation is introduced to offer an alternative plan to the working people that ensures the enjoyment of this right by both and makes possible the exercise of conciliation rights.

Parental leave

A new article 48 bis is introduced in the Workers' Statute, which provides that workers will have the right to parental leave to care for a child or minor in foster care for a period of more than one year, until the minor turns eight years old.

This permit, which will have a duration of no more than eight weeks, continuous or discontinuous, may be enjoyed full-time or on a part-time basis in accordance with the regulations established.

It is important to keep in mind that it appears as a suspension of the contract of article 45.o.

Family Conciliation Woman

Other permissions

Permits will be incorporated for single-parent families in case of disability of the minor born, adopted or in custody for the purposes of adoption or foster care.

Expansion of the scope of leave for workers

The right of the period of leave of absence of article 46.3 is extended to the spouse or de facto partner, or a relative up to the second degree of consanguinity and by affinity, including the blood relative of the de facto partner, who for reasons of age, accident, illness or disability cannot take care of himself, and does not carry out paid activities.

Assimilation of single-parent family members in a situation of suspension with reservation of the position.

In the event of disability of the son or daughter at birth, adoption, in custody for the purposes of adoption or foster care, the right of families with a single parent is recognized to enjoy the complete extensions of suspension in the case of families with two parents

Expansion of the cases of objective nullity of dismissal

Articles 53.4 and 55 ET are modified and cases of objective nullity of dismissal are established for workers who have requested or are enjoying an adaptation of the day and those carried out during parental leave. Likewise, dismissals carried out while enjoying the paid leave of article 37.3.b (accident, serious illness, hospitalization, etc.) will be void.

Right not to be discriminated against for the exercise of conciliation rights

Letter c) of art is modified. 4.2 ET to expressly incorporate the exercise of conciliation or co-responsibility rights as a cause of discrimination:

“c) not to be directly or indirectly discriminated against for employment or, once employed, for reasons of marital status, as well as for reasons of sex, including the unfavorable treatment accorded to women or men for the exercise of the rights of conciliation or co-responsibility in family and work life.”

Modification of the request for adaptation of the working day (article 34.8 of the Workers' Statute)

 Art is modified. 34.8 of the ET, what came to be called “the so-called a la carte day”.

The negotiation time is also reduced to 15 days and a positive administrative silence is expressly established, that is, if there is no reasoned response from the company, the request will be deemed granted.

It is expressly established that people who have care needs with respect to sons and daughters over twelve years of age, the spouse or de facto partner, relatives by blood up to the second degree of the worker, as well as other dependent people when, in the latter case, they live in the same home, and who for reasons of age, accident or illness cannot take care of themselves

Validity: in general, it comes into force on 06/30/2023.

If you are interested in training and developing professionally in the field of human resources, you can find out about our Master in HR: People Management, Talent Development and Labor Management.

Labor Manager || Professor - Work area in EIP - International Graduate School

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