On 28 June, Royal Decree-Law 5/2023 was published in the Official State Gazette (BOE), which, among other things, includes various labour-related measures. Among these is the transposition of the European Directive on the work-life balance, which had previously been included in the Family Law Project, approved by the Government on 28 May, and which has now been finally approved by means of its inclusion in this Royal Decree-Law.
The measures approved include the following:
1. Parental Leave
A new cause for work suspension with job position reservation is created. 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 foster child for a period of more than one year, until the child reaches the age of eight.
This leave, which shall have a duration of no more than eight weeks, may be continuous or discontinuous, and may be taken on a full-time or part-time basis in accordance with the regulations.
Dismissal of workers during this leave shall be considered null and void.
2. Paid leave of 5 days per year
Paid leave of five days shall be granted in the event of serious accident or illness, hospitalisation or surgery without hospitalisation requiring rest at home of the spouse, unmarried partner or relatives up to the second degree of consanguinity or affinity, including the unmarried partner’s relatives by consanguinity, as well as any other person not mentioned above who lives with the worker in the same household and who requires effective care of the worker.
3. Paid leave of up to 4 days for emergencies when there are unforeseeable family reasons
Workers shall have the right to be absent from work on grounds of force majeure when necessary for urgent family reasons concerning family members or persons living with them, in the event of illness or accident which makes their immediate presence indispensable.
Workers shall have the right to be paid for the hours of absence for the reasons set out in this section, equivalent to four days per year, in accordance with the provisions of the collective bargaining agreement or, failing that, of an agreement between the company and the workers’ legal representatives, with the workers providing, where appropriate, proof of the reason for the absence.
4. Modifications regarding the adjustment of the working day
Article 34.8. of the Workers’ Statute is amended, extending the right to request an adjustment of the working day to workers who have to take care of children over the age of 12, their spouse or unmarried partner, relatives by blood up to the second degree, and other dependants, if they live in the same household and are unable to take care of themselves as a result of age, accident or illness, and who must justify the circumstances on which their request is based.
5. The right not to be discriminated for the exercise of work-life balance rights
Article 4.2. of the Workers’ Statute expressly includes the right of workers not to be discriminated on grounds of sex, including unfavourable treatment of women or men for exercising their rights to work-life balance or co-responsibility for family and work life.
6. Other rules included in Royal Decree-Law 5/2023. Inclusion of interns in the Social Security system
The entry into force of this provision has been changed to 1 January 2024 (instead of 1 October 2023).
If you have any questions, please do not hesitate to get in touch with your regular contact person of Bové Montero y Asociados.
