10 new measures on equality at work

Royal Decree Law 6/2019 introduces measures to promote equality between men and women in the workplace, with the aim of eliminating the wage gap and guaranteeing the right of workers to conciliation and co-responsibility.

Measures included

Royal Decree Law 6/2019 includes the following measures:

1. Paternity Leave

Extension of the duration of paternity leave to bring it into line with maternity leave. The equalization will be carried out gradually, reaching 8 weeks in 2019, 12 weeks in 2020 and 16 weeks in 2021. Equalisation is going to be carried out, in the same terms, for self-employed workers, coal mining workers and public employees.

2. Breastfeeding

A new benefit for co-responsibility in the care of the infant is created for the cases of reduction of working hours, in half an hour of both parents between the 9 and the 12 months of age of the infant.

3. Equality Plans

The regulation of equality plans is modified to extend the obligation to establish them to companies with more than 50 workers (previously 250) and to fix certain matters that must be included in the preparation of the plan. It also provides for their compulsory registration in a register forming part of the register of collective agreements.

4. Wage Discrimination

Measures are introduced against gender-based wage discrimination. Among them, the creation of a new register of salaries in the company, disaggregated by sex and categories. It also establishes, for companies with at least 50 employees, the need to include in the wage register a justification that the wage difference, if it is more than 25%, does not respond to reasons related to sex.

5. Conciliation

They are established new measures to reconcile family and working life. On the one hand, article 34.8 of the Workers’ Statute is amended to recognize the right of workers to request the adaptation of the duration and distribution of working hours, in the organisation of working time and in the form of benefit, including the provision of remote work, to cope with the reconciliation of family and working life. The application can be submitted until the child reaches the age of 12 and the company must resolve it in accordance with the provisions of the collective agreement. Failing that, the company must open a negotiation process with the applicant for a maximum of 30 days, after which it must communicate its decision in writing. Discrepancies arising between the employer and the worker must be resolved through the special procedure for the exercise of the rights of reconciliation of personal, family and work life (LRJS art.139). In any case, accommodations must be reasonable and proportionate to the needs of the worker and the company.

On the other hand, the leave for childcareis modified, to improve the protection of applicants in the event that both parents exercise the right with the same duration and regime. In this case, the period during which they are entitled to reserve their job is extended, from 1 year (the first) to a maximum of 18 months (ET art.46.3).

6. Maternity protection in probationary periods

The constitutional doctrine is incorporated into the Workers’ Statute, extending to the probationary period the declaration of nullity of dismissal when the pregnancy is due, from the date of the beginning of the pregnancy to the beginning of the period of suspension of the contract for the birth and care of the child (ET art.14.2).

7. Gender-based Violence

The protection of victims of gender-based violence is extended through the following measures:

(a) Gender-based violence is added as a reason for suspendingthe calculation of the maximum durationof traineeships (ET art.11.1.b) and for training and apprenticeship (ET art.11.2.b).

(b) The declaration of nullity of dismissal is extendedobjective and disciplinary to all those who have as a cause, not only the exercise of the rights recognized by the Workers’ Statute to make effective their protection (reduction of working hours, reorganization of working time, mobility, change of job or suspension of the contract), but also the exercise of effective judicial protection or their right to comprehensive social assistance (ET art.53.4.b and 55.5.b).

8. Special Agreement for Non-Professional Caregivers

Recovery, as of April 1, 2019, of the financing of the fees of the special agreement of the non-professional caregivers of people in a situation of dependency in charge of the General Administration of the State.

9. More inclusive language

The text of the Workers’ Statute (ET), the Basic Statute of the Public Employee (EBEP), the General Social Security Law (LGSS) and the Self-Employment Statute (LETA) are adapted; to a more inclusive language. Thus, the maternity and paternity benefits are renamed birth and childcare benefit and breastfeeding leave is renamed infant care leave. In addition, references to the worker are replaced by working persons. Likewise, it is established that all the references made in the different normative texts must be understood as referring to the new terms (RDL 6/2019 disp.adic.única).

10. Education from 0 to 3 years

It is envisaged that a plan will be drawn up to universalize education from 0 to 3 years by incorporating this stage into the educational cycle in public education. and free (RDLeg 6/2019 explanatory statement).

Amendment of the General Social Security Law (LGSS) / RDleg 8/2015

>> Until March 7, 2019 <<

Article 42. Protective action of the Social Security system

1. The protective action of the social security system shall comprise:

(c) Financial benefits in situations of temporary incapacity; maternity; paternity;risk during pregnancy; risk during breastfeeding; care of children affected by cancer or other serious illness; contributory permanent disability and non-contributory disability; retirement, in its contributory and non-contributory forms; unemployment, in its contributory and welfare levels; protection for cessation of activity; widow’s pension; temporary widow’s benefit; orphan’s pension; orphanage provision; pension in favour of family members; allowance for family members; death assistance; compensation in case of death due to an accident at work or occupational disease, as well as those granted in contingencies and special situations that are determined by regulation by royal decree, on the proposal of the head of the competent Ministry.

CHAPTER VI. motherhood

Section 1. General assumption

Article 177. Protected situations

For the purposes of maternity benefit provided for in this section, maternity, adoption, custody for the purpose of adoption and foster care are considered protected situations, in accordance with the Civil Code or the civil laws of the autonomous communities that regulate it, provided that, in the latter case, their duration is not less than one year, during the periods of rest enjoyed by such situations , in accordance with Article 48(4), (5) and (6) of the revised text of the Workers’ Statute Act and Article 49. a) and b) of Law 7/2007, of 12 April, ofthe Basic Statute of the Public Employee.

Article 178. Beneficiaries

The beneficiaries of the maternityallowance will be the people included in this General Scheme, whatever their sex, who enjoy the breaks referred to in the previous article, provided that, in addition to meeting the general condition required by article 165. 1 and the others that are established by regulation, accredit the following minimum contribution periods:

(a) If the workeris under twenty-one years of age on the date of the birthor on the date of the administrative decision on foster care or guardianship for the purpose of adoption or of the court decision constituting the adoption, no minimum contribution period shall be required.

(b) If the workerhas reached the age of twenty-one and is under twenty-six on the date of deliveryor on the date of the administrative decision of foster care or guardianship for the purpose of adoption or of the judicial decision constituting the adoption, the minimum contribution period required shall be ninety days of contributions within the seven years immediately preceding the start of the rest period. The aforementioned requirement will be considered fulfilled if, alternatively, the worker accredits one hundred and eighty days of contributions throughout his working life, prior to the latter date.

(c) If the worker has reached the age of twenty-six on the date of delivery or on the date of the administrative decision of foster care or guardianship for the purpose of adoption or of the judicial decision constituting the adoption, the minimum contribution period required shall be one hundred and eighty days within the seven years immediately preceding the time of commencement of the rest period. The aforementioned requirement will be considered fulfilled if, alternatively, the worker accredits three hundred and sixty days of contributions throughout his working life, prior to the latter date.

2. In the event of childbirth, and with exclusive application to the biological mother, the age indicated in the previous section will be the one that the interested party has fulfilled at the time of beginning of the rest, taking as a reference the moment of childbirth in order to verify the accreditation of the minimum contribution period that, where appropriate, corresponds.

3. In the cases of intercountry adoption provided for in the secondparagraph of Article 48. 5 of the consolidated text of the Workers’ Statute Act, and in the seventhparagraph of article 49. b) of Law 7/2007, of 12 April, of the Basic Statute of the Public Employee, the age indicated in section 1 will be the one that the interested parties have fulfilled at the time of beginning of the break, taking as a reference the moment of the resolution in order to verify the accreditation of the minimum contribution period that, where appropriate, corresponds.

Article 179. Financial benefit

The maternitybenefit shall consist of a benefit equivalent to 100 per cent of the corresponding regulatory base. For this purpose, the regulatory base will be equivalent to that established for the benefit of temporary disability, derived from common contingencies.
Notwithstanding the provisions of the previous section, the subsidy may be recognized by the National Social Security Institute by means of a provisional resolution taking into account the last contribution base for common contingencies that is recorded in the bases ofcorporate data of the system, as long as the contribution base for common contingencies corresponding to the month immediately prior to the start of the break or the leave for maternity. If it is subsequently found that the contribution base for common contingencies of the month immediately preceding the month of the start of the break or leave was different from that used in the provisional resolution, the benefit will be recalculated and a final resolution will be issued. If the basis has not changed, the provisional decision shall become final within three months of its issuance.

Article 180. Loss or suspension of entitlement to maternity benefit

The right to maternity benefit may be denied, cancelled or suspended, when the beneficiary has acted fraudulently to obtain or keep this benefit, as well as when he is self-employed or employed during the corresponding rest periods.

section 2nd. Special assumption

Article 181. Beneficiaries

The beneficiaries of the maternity allowance provided for in this section will be the workers included in this General Scheme who, in the event of childbirth, meet all the requirements established to access the maternity benefit regulated in the previous section, except for the minimum contribution period established in article 178.

Article 182. Financial benefit

1. The maternity benefit covered by this section shall be considered non-contributory for the purposes of Article 109.

CHAPTER VII. paternity
Article 183. Protected situation

For the purposes of the benefit for paternity, the birth of a child, adoption, the custody for the purpose of adoption and foster care, compliance with the Civil Code or the civil laws of the autonomous communities which regulate it, provided that in the latter case shall not be less than one year during the period of suspension which, for such situations, it is enjoyed in accordance with the provisions of the article 48.7 of the consolidated text of the Workers’ Statute Act, or during the period of permission to be enjoyed, in the same assumptions , of in accordance with article 49. c) of Law 7/2007, of April 12, ofthe Basic Statute of the Public Employee.

Article 184. Beneficiaries

They will be beneficiaries of the allowance for paternity persons included in this General Regime that enjoy the suspension referred to in the previous article, provided that, meeting the general condition required in Article 165.1, accredit a minimum period of quote of one hundred and eighty days within the seven years immediately preceding the date of starting such suspension or, alternatively, three hundred and sixty days a lo length of their working life prior to the said date, and meet the other conditions which are determined by regulation.

Article 185. Financial benefit

The financial benefit for paternity shall consist of an allowance to be determined in the manner laid down in Article 179 for maternity benefit and may be refused, cancelled or suspended for the same reasons as those laid down for maternity benefit.

In cases where paternity leave shall be interrupted in accordance with the fourth paragraph of Article 48. 7 of the Consolidated Text of the Workers’ Statute Act, or in the last paragraph of the first paragraph of Article 49. (c) of the Basic Statute of the Public Employee, during the last week of independent benefit, the allowance shall be resumed in the amount which would have been applicable during the first part of the restperiod.

Section 2. Provisions on benefits

Article 318. Applicable rules

The special regime shall apply to:

(a) In the case of maternityand paternity, theprovisions of Chapters VI and VII of Title II respectively, with the exception of Articles 1 and 185.

The financial benefits for maternity and for paternity they will consist of a subsidy equivalent to 100 per cent of a regulatory base whose daily amount will be the result of dividing the sum of the contribution bases accredited to this special regime during the six months immediately preceding that of the causal event between one hundred and eighty.

If they have not been registered in the special scheme for the entire six-month period, the regulatory base will be the result of dividing the contribution bases for the special scheme accredited in the six months immediately preceding that of the causal event between the days on which the worker has been registered in that scheme within that period.

The periods during which the self-employed person shall be entitled to receive subsidies for maternity and paternity shall coincide, as regards both its duration and its distribution, with the periods of rest from work laid down for employed persons, the payment of paternity benefit may begin from the moment of the birth of the child. Workers in this special scheme may also receive subsidies for maternity and paternity on a part-time basis, under the terms and conditions established by regulation.

Paternity benefit may be refused, cancelled or suspended for the same reasons as those laid down for maternity benefit. The provisions of article 179 shall apply to paternity benefit. 2.

(b) With regard to risk during pregnancy, risk during breastfeeding and care of minors affected by cancer or other serious illness, the provisions, respectively, of chapters VIII, IX and X of Title II, under the terms and conditions established by regulation.

First additional provision. Rules applicable to special schemes

1. The provisions of the articles shall apply to the Special Social Security Scheme for Coal Mining 146. 4; 151; 152; 153; 161. 4; Chapters VI, VII VIII, IX, and Title II X; Articles 194(2) and (3); 195, with the exception of paragraph 2; 197; 200; 205; 206; 207; 208; 209; 210; 211; 213; 214; 215; 219; 220; 221; 222; 223; 224; 225; 226(4) and (5); 227(1), second subparagraph; 229; 231; 232; 233; 234; and Chapters XV and XVII of Title II.

The provisions of the last subparagraph of Article 196(2) and Article 196(4) shall also apply under those arrangements. For the purposes of determining the calculation of the supplement referred to in Article 196 (4), the minimum contribution base shall be taken into account that in force at any time in the General Scheme, regardless of the scheme under the rules of which the severe disability pension is recognised.

Fourteenth additional provision. Legal regime of special agreements for non-professional carers of dependent persons

From the 15of July 2012, the special agreement regulated in Royal Decree 615/2007, of 11 May, which regulates the Social Security of the carers of people in a situation of dependency, will be voluntary for the non-professional caregivers and may be subscribed between the non-professional caregiver and the General Treasury of the Social Security.
Social security contributionsfor the special agreement indicated in the previous section will be borne exclusively by the subscriber of the same.
These special agreements shall take effectfrom the date of the request for the signing of the special agreement.

>> As of March 8, 2019 <<

Article 42. Protective action of the Social Security system

1. The protective action of the social security system shall comprise:

(c) Financial benefits in situations of temporary incapacity; birth and childcare; risk during pregnancy; risk during breastfeeding; exercise co-responsible for the care of the infant;care of children affected by cancer or other serious illness; contributory permanent disability and non-contributory disability; retirement, in its contributory and non-contributory forms; unemployment, in its contributory and welfare levels; protection for cessation of activity; widow’s pension; temporary widow’s benefit; orphan’s pension; orphanage provision; pension in favour of family members; allowance for family members; death assistance; compensation in case of death due to an accident at work or occupational disease, as well as those granted in contingencies and special situations that are determined by regulation by royal decree, on the proposal of the head of the competent Ministry.

CHAPTER VI. Birth and childcare

Section 1. General assumption

Article 177. Protected situations

For the purposes of the birth and childcare benefit provided for in this section, births are considered protected situations , adoption, custody for the purpose of adoption and foster care, in accordance with the Civil Code or the civil laws of the autonomous communities governing it, provided that, in the latter case, its duration is not less than one year, during the rest periods enjoyed by such situations, in accordance with the provisions of paragraphs 4 , 5 and 6 of article 48 of the consolidated text of the Law on the Status of Workers , and article 49. (a),(b) and (c) of the consolidated text of the Law on the Basic Statute of the Public Employee.

Article 178. Beneficiaries

The beneficiaries of the allowance for birth and care of minorswill be the people included in this General Scheme, regardless of their sex, who enjoy the breaks referred to in the previous article, provided that, in addition to meeting the general condition required by article 165. 1 and the others that are established by regulation, accredit the following minimum contribution periods:

(a) the working personis less than twenty-one years of age on the date of the birth, or on the date of the administrative decision of foster care or custody for the purpose of adoption or of the judicial decision constituting the adoption, no minimum contribution period shall be required.

(b) If the workerhas reached the age of twenty-one and is under twenty-six on the date of birth,or on the date of the administrative decision of foster care or guardianship for the purpose of adoption or of the judicial decision constituting the adoption, the minimum contribution period required shall be ninety days of contributions within the seven years immediately preceding the start of the rest period. The aforementioned requirement will be considered fulfilled if, alternatively, you prove one hundred and eighty days of contributions throughout your working life, prior to the latter date.

(c) the working personis twenty-six years of age on the date of the birth,or on the date of the administrative decision of foster care or guardianship for the purpose of adoption or of the judicial decision constituting the adoption, the minimum contribution period required shall be one hundred and eighty days quoted within seven years immediately prior to the start of the break. The aforementioned requirement will be considered fulfilled if, alternatively, you prove three hundred and sixty days of contributions throughout your working life, prior to the latter date.

2. In the event of birth,the age indicated in the previous section shall be the one reached by the interested party at the time of the start of the break, taking as a reference the moment of delivery in order to verify the accreditation of the minimum contribution period that, where appropriate, corresponds.

3. In the cases of intercountry adoption provided for in the thirdparagraph of Article 48. 5 of the consolidated text of the Workers’ Statute Act, and in the fourthparagraph of article 49.b) of the consolidated text of the Law on the Basic Statute of the Public Employee, the age indicated in section 1 will be the one that the interested parties have fulfilled at the time of beginning of the break, taking as a reference the moment of the resolution in order to verify the accreditation of the minimum contribution period that, where appropriate, corresponds.

Article 179. Financial benefit

The financial benefit for birth and childcareshall consist of a subsidy equivalent to 100 per cent of the corresponding regulatory base. For this purpose, the regulatory base will be equivalent to that established for the benefit of temporary disability, derived from common contingencies.
Notwithstanding the provisions of the previous section, the subsidy may be recognized by the National Social Security Institute by means of a provisional resolution taking into account the last contribution base for common contingencies that is recorded in the corporate bases of the system, as long as the contribution base for common contingencies corresponding to the month immediately prior to the beginning of the rest or leave for birth and childcare.
If it is subsequently found that the contribution base for common contingencies of the month immediately preceding the month of the start of the break or leave was different from that used in the provisional resolution, the benefit will be recalculated and a final resolution will be issued. If the basis has not changed, the provisional decision shall become final within three months of its issuance.

Article 180. Loss or suspension of entitlement to the allowance for birth and childcare

The right to the birth and childcare allowance may be refused, cancelled or suspended, when the beneficiary has acted fraudulently to obtain or retain this benefit, as well as when he is self-employed or employed during the corresponding rest periods.

Section 2. Special assumption

Article 181. Beneficiaries

They will be beneficiaries of the subsidy for birth provided for in this section, workers included in this General Scheme who, in the event of childbirth, meet all the requirements established to access the benefit for birth and care of a minor regulated in the previous section, except for the minimum contribution period established in article 178.

Article 182. Financial benefit

The economic benefitfor birth regulated in this section shall be considered non-contributory for the purposes of article 109.

CHAPTER VII. Co-responsibility in the care of the infant

Article 183. Protected situation

For the purposes of the benefit economic by exercise co-responsible for the care of the infant, considers protected situation the reduction of the day of work in half an hour which, as provided for in the fourth paragraph of the article 37.4 of the consolidated text of the Workers’ Statute Act, are carried out with the same duration and regime by both parents, adoptive parents, guardians for the purpose of adoption or welcoming permanent character, when both work, for the care of the infant from the age of nine months until the twelve months old.

The accreditation of the exercise co-responsible for the care of the infant shall be carried out by certifying the reduction of the working day by the companies in which their parents, adoptive parents, guardians or foster parentswork.
The requirements to be met by this documentation will be determined by regulation.

Article 184. Beneficiaries

For access to the right to the financial benefitfor the co-exercise of the care of the infant, the same requirements and under the same terms and conditions as those established for the benefit for birth and childcare regulated in section 1 of Chapter VIshall be required.
Whereboth parents, adoptive parents, guardians forthe purpose of adoption or foster parents of a permanent nature are present in the circumstances necessary to have the status of beneficiaries of the benefit, the right to receive it may be recognised only in favour of one of them.
3. The provisions contained in this Chapter shall not applyto public officials, who shall be governed bythe laid down in Article 48. (f) of the recast text of the Law of the Basic Statute of the Public Employee,and in the regulations that develop it.

Article 185. Financial benefit

The financial benefit for the exercise co-responsible for the care of infantsshall consist of a subsidy equivalent to 100 per cent of the regulatory base established for the benefit of temporary disability arising from common contingencies,and in proportion to the reduction in working hours.
This benefit shall expire when the minor reaches twelve months of age.

Section 2. Provisions on benefits

Article 318. Applicable rules

The special regime shall apply to:

(a) With regard to protection by birthand care of minors,the provisions of Chapter VI of Title II, with the exception of Article1.

The financial benefit for birth and childcare will consist of a subsidy equivalent to 100 per cent of a regulatory base whose daily amount will be the result of dividing the sum of the contribution bases accredited to this special scheme during the six months immediately preceding that of the causal event by one hundred and eighty.

The periods during which the self-employed person shall be entitled to receive the birth and childcare allowance shall coincide, in terms of both their duration and their distribution, with the periods of rest from work laid down for employed persons. Workers of this special scheme may also receive the allowance for the birth and care of a child on a part-time basis, under the terms and conditions established by regulation.

(b) In the field of co-responsibility in the care of the infant, risk during pregnancy, risk during breastfeeding and care of minors affected by cancer or other serious illness, as provided, respectively, in the chapters VII, VIII, IX and X of Title II, under the terms and conditions established by regulation.

First additional provision. Rules applicable to special schemes

The provisions of Articles 151 shall apply to the Special Social Security Scheme for Coal Mining; 152; 153; 161. 4; Chapters VI, VII,VIII, IX and X of Title II; Articles 194(2) and (3); 195, with the exception of paragraph 2; 197; 200; 205; 206; 207; 208; 209; 210; 211; 213; 214; 215; 219; 220; 221; 222; 223; 224; 225; 226(4) and (5); 227(1), second subparagraph; 229; 231; 232; 233; 234; and Chapters XV and XVII of Title II.

Fourteenth additional provision. Legal regime of special agreements for non-professional carers of dependent persons

From the 1 of April 2019, the special agreements that are signed in accordance with the provisions of Royal Decree 615/2007, of 11 May, which regulates the Social Security of the carers of people in a situation of dependency, shall be governed entirely by the provisions of that royal decree.
These special agreements will take effect from the date of recognition of the economic benefit regulated in article 18 of Law 39/2006, of 14 December, on the promotion of personal autonomy and care for people in a situation of dependency, provided that it is requested within the 90 calendar days following that date. On the expiry of this period, they shall take effect from the date on which their subscription is requested.
Social security contributions and by vocational training established each year in accordance withthe provisions of the article 4 of Royal Decree 615/2007, of 11 May, will be paid jointly and directly by the Institute of The Elderly and Social Services (IMSERSO) to the General Treasury of the Social Security.
The provisions of this provision do not affect the status of Royal Decree 615/2007, of 11 May, which may be modified by a rule of the same rank.

Thirty-first transitional provision. Special agreements in the Social Security System for non-professional carers of people in a situation of dependency existing on the date of entry into force of Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation

Special agreements in theSocial Security System of the non-professional carers of people in a situation of dependency, provided for in Royal Decree 615/2007, of 11 May,by the that regulates the Social Security of the caregivers of people in a situation of dependency, that are maintained at the date of entry into force of Royal Decree-Law 6/2019, of March 1, will be understood subsistent and will be governed entirely by the provisions of the royal decree-law cited, leaving the fee to be paid at the expense of the General Administration of the Status.
Non-professional caregivers who prove that the people in a situation of dependency served by them were beneficiaries of the economic benefit regulated in article 18 of Law 39/2006, of 14 December, promoting personal autonomy and care for people in a situation of dependency, prior to 1 April 2019, the date of entry into force of article 2 of Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupationthey may request the signing of this special agreement with effect from that date, provided that they make their request within 90 calendar days of that date. On the expiry of this period, the effects shall take place from the date on which their subscription is requested.

Thirty-second transitional provision. Transitional period for the payment of the non-compulsory period of the birth and childcare benefit

In the event that the beneficiaries of the benefit for birth and care of a minor regulated in Chapter VI of Title II of the revised text of the General Law on Social Security, approved by Royal Legislative Decree 8/2015, of 30 October, after the first six weeks immediately after childbirth, enjoy the ten weeks in an interrupted manner, the payment of the benefit of these periods will not occur until the total exhaustion of the enjoyment of the same, as long as they are not carried out, by the Managing Entity, the necessary computer developments in the applications of management, processing and payment of the aforementioned benefit.

Modification of the Basic Statute of the Public Employee (EBEP) / RDLeg 5/2015

>> Before Royal Decree Law 6/2019 <<

Article 7. Regulations applicable to labour personnel

The labor personnel at the service of the Public Administrations are governed, in addition to the labor legislation and by the other conventionally applicable norms, by the precepts of this Statute that so provide.

Article 48. Permits for civil servants

Public officials shall have the following permits

(f) If a child under twelve months of age is breastfeeding,he or she shall be entitled to one hour’s absence from work, which may be divided into two fractions. This right may be replaced by a reduction in the normal working day by half an hour at the beginning and end of the working day. or, in one hour at the beginning or end of the day, for the same purpose. This right may be exercised without distinction by one or otherof the parents, in the event that both work.

Likewise, the official may request the replacement of breastfeeding time by a paid leave that accumulates the corresponding time in full days.

This leave shall be increased proportionately in cases of multiple births.

Article 49. Leave for reasons of reconciling personal, family and work life, for reasons of gender-based violence and for victims of terrorism and their immediate family members

In any case, the following permits will be granted with the corresponding minimum conditions:

(a) Childbirth leave: it shall last for sixteen uninterrupted weeks. This leave will be extended by two more weeks in the event of the child’s disability and, for each child from the second,in cases of multiple birth. The permission will be distributed tooption of the official provided that six weeks are immediately after delivery. In the event of the death of the mother, the other parent may make use of all or, where appropriate, the remaining part of the leave.
Notwithstanding the foregoing, and without prejudice to the six weeks immediately following the birth of compulsory rest for the mother, in the event that both parents work, the mother, at the beginning of the rest period maternity, you may choose that the another parent enjoys a determined and uninterrupted part of the post-partum rest period, either simultaneously or successively with the of the The other parent may continue to take maternity leave initially granted, although in the the time envisaged for the mother’s return to work is temporarily disabled.

In cases of simultaneous rest periods,the sum of such periods may not exceed sixteen weeks or the corresponding weeks in the event of a child’s disability or multiple births.

This permit may be enjoyed full-time or part-time, when the needs of the service allow it, and in the terms that are determined by regulation.

In cases of preterm birth and in cases where, for any other reason, the infant must remain hospitalized after delivery, this leave shall be extended by as many days as the infant is hospitalized, with a maximum of thirteen additional weeks.

During the enjoyment of this leave you can participate in the training courses convened by the Administration.

(b) Leave for adoption, guardianship for the purpose of adoption, or foster care, both temporary and permanent: it shall last for sixteen weeks

This leave will be extended by two more weeks in the event of disability of the adopted or fostered child and for each child, from the second, in cases of adoption or multiple foster care.

The calculation of the term will be counted at the choice of the official,from the administrative decision of custody for the purpose of adoption or foster care, or from the judicial decision constituting the adoption without in any case the same minor being able to entitle to several periods of enjoyment of this leave.

In the event that both parents work, the leave will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively, always in uninterrupted periods.

In cases of simultaneous enjoyment of rest periods, the sum of the same may not exceed sixteen weeks or those corresponding in the case of adoption or multiple foster care and disability of the adopted or foster child.

This permit may be enjoyed full-time or part-time, when service needs permit, and in the terms determined by regulation.

If it is necessary for the parents to travel to the country of origin of the adoptee, in cases of adoption or international foster care, they will also be entitled to leave of up to two months, receiving during this period only the basic remuneration.

Regardless of the leave of up to two months provided for in the preceding paragraph and in the case referred to in that paragraph, leave for adoption, kept for the purpose of adoption or foster care, both temporary and permanent, may be initiated up to four weeks before the judicial decision constituting the adoption or the administrative or judicial decision of foster care.

During the enjoyment of this leave you can participate in the training courses convened by the Administration.

The cases of adoption, custody for the purpose of adoption or foster care, both temporary and permanent, provided for in this article shall be those thus established in the Civil Code or in the civil laws of the autonomous communities that regulate them, and temporary foster care must last not less than one year.

(c) Permission to paternityby thebirth, custody for the purpose of adoption, foster care or adoption of a child: it shall have a duration of five weeks expandable in the cases of childbirth,adoption, custody for multiple adoption or foster care purposes in two more days for each child from the second, to enjoy by the father or the other parent from the date of birth, the administrative decision to take custody for the purpose of adoption or foster care, or the court decision constituting the adoption. The enjoyment of the permit will be uninterrupted except for the last week, which may be enjoyed independently at another time within nine months of the date of birth of the son, the court decision or the decision administrative refers to this paragraph, when requested, at the start of the permission, the parent that go to enjoy the same, and authorizes it, in the terms laid down in its rules,by the Administration in which it provides services.

Those rules may also provide that authorizes, on request in advance, that the starting the permission takes place on a date after birth of the child, the court decision or administrative decision referred to above, provided that is before the completion of the corresponding permission or the suspension of the contract for childbirth, adoption or fostering of the another parent, or immediately after its completion.

This permission is independent of the shared enjoyment of the permissions contemplated in the Sections a) and b).

In the cases provided for in the paragraphs (a), (b), and (c) the time spent during the taking of such leave shall be counted as an effective service for all purposes, guaranteeing the full financial rights of the official and, where appropriate, of the other official parent, throughout the duration of the leave, and, where appropriate, during the periods following the taking of the leave. , if in accordance with the applicable regulations, the right to receive any remuneration concept is determined according to the period of enjoyment of the leave.

Officials who have taken leave for childbirth or maternity, paternity, custody for the purpose of adoption or foster care, both temporary and permanent, shall be entitled, after the end of the period of leave, to return to their job on terms and conditions which are not less favourable to them to the enjoyment of the leave, as well as to benefit from any improvement in working conditions to which they may have been entitled during their absence.

(d) Leave due to gender-based violence against women civil servants: the absence of assistance by female staff members who are victims of gender-based violence, in whole or in part, shall be considered justified by the time and under the conditions so determined by the social health-care services, as appropriate.

In addition, female civil servants who are victims of violence against women, in order to give effect to their protection or their right to comprehensive social assistance, shall have the right to a reduction in working hours with a proportional reduction in pay, or to the reorganization of working time, through the adaptation of working hours, the application of flexible working hours or other forms of organisation of working time that are applicable. , in the terms established for these cases by the competent Public Administration in each case.

>> After Royal Decree Law 6/2019 <<

Article 7. Regulations applicable to labour personnel

The labour personnel in the service of the public administrations are governed, in addition to the labour legislation and by the other conventionally applicable norms, by the precepts of this Statute that so provide

However, with regard to leave for birth, adoption, leave from a parent other than a biological mother and breastfeeding, the working staff in the service of the public administrations shall be governed by the provisions of this Statute, and therefore the provisions of the revised text of the Workers’ Statute Act on suspensions of employment contracts which are not applicable to these personnel. , if any, would correspond by the same factual assumptions.

Article 48. Permits for civil servants

Public officials shall have the following permits:

(f) For the breastfeeding of a child under twelve months of age, they shall beentitled to one hour of absence from work, which may be divided into two fractions. This right may be replaced by a reduction of the normal working day by half an hour at the beginning and end of the day, orby one hour at the beginning or end of the day, for the same purpose.

The leave referred to in this paragraph constitutes an individual right of officials, without its exercise being transferred to the other parent, adopter, guardian or foster parent.

It may be requested that breastfeeding time be replaced by paid leave that accumulates the corresponding time in full days. This modality may be enjoyed only from the end of the leave for birth, adoption, guardianship, foster care or of the parent other than the respective biological mother, or once, since the birth of the minor, a time equivalent to that covered by the aforementioned permits has elapsed.

This leave will be increased proportionally in cases ofchildbirth, adoption, custody for the purpose of adoption or multiple foster care.

Article 49. Permits for reasons of reconciliation of personal, family and work life, for reasons of gender violence and for victims of terrorism and their immediate family members (Effective from 1-4-2019)

In any case, the following permits will be granted with the corresponding minimum conditions:

(a) Birth leave for the biological mother:it shall last for sixteenweeks, of which the six weeks immediately following the birth shall in any case be compulsory and uninterrupted rest. This leave shall be extended by a further two weeks in the event of the child’s disability and, for each son or daughter from the second in the case of multiple births, one for each of the parents.

However, in the event of the death of the mother, the other parent may make use of all or, where appropriate, the remaining part of the leave.

In the event that both parents work and after the first six weeks of rest mandatory, the period of enjoyment of this permission may be carried out at the will of those, interrupted way and exercise from the end of the break mandatory postpartum until the child or daughter turns twelve monthsold. In the case of interrupted enjoyment is shall require, for each period of enjoyment, a notice of at least 15 days and will be done for weeks complete.

This leave may be granted full-time or part-time, when the needs of the service allow it, and in the terms determined by regulation, in accordance with the rules established in this article.

In the event of the death of the son or daughter, the duration of the leave will not be reduced, unless, once the six weeks of compulsory rest have ended, the return to work is requested.

During the enjoyment of thisleave, once the mandatory rest period has ended, it will be possible to participate in the training courses convened by the Administration.

(b) Leave for adoption, guardianship for the purpose of adoption, or foster care, both temporary and permanent: it shall last for sixteen weeks. Six weeks must be enjoyed full-time on a compulsory and uninterrupted basis immediately after the court decision constituting the adoption or the administrative decision to take custody for the purpose of adoption or foster care.

En the case that both parents work and after the first six weeks of compulsory rest, the period of enjoyment of this leave may be carried out in an interrupted manner and exercised from the end of the compulsory rest after the causal event until the son or daughter reaches twelve months. In the case of interrupted enjoyment, for each period of enjoyment, a notice of at least 15 days will be required and will be made for full weeks.

This leave shall be extended by a further two weeks in the event of disability of the adopted or fostered child and for each child,from the second, in the case ofadoption, custodyfor the purpose of adoption or multiple foster care, one for each of the parents.

The calculation of the term will be counted at the choice of the parent,from the administrative decision of custody for the purpose of adoption or foster care, or from the judicial decision constituting the adoption without in any case the same minor being able to entitle to several periods of enjoyment of this leave.

This leave may be granted full-time or part-time, when service needs permit, and in the terms determined by regulation, in accordance with the rules established in this article.

During the enjoyment of this leave you can participate in the training courses convened by the Administration.

(c) Leave of the parent other thanthe biological motherby birth, custody for the purpose of adoption, foster care or adoption of a son or daughter: it will last for sixteen weeks of which the six weeks immediately after the causal event will be in any case of compulsory rest. This leave will be extended by two more weeks, one for each of the parents, in the event of disability of the son or daughter, and for each son or daughter from the second in the event of birth,adoption, custody for the purpose of multiple adoption or foster care, to be taken from the date of birth, from the administrative decision to take custody for the purpose of adoption or foster care, or from the judicial decision constituting the adoption.

This permission may be distributed by the parent who is going to enjoy it provided that the first six weeks are uninterrupted and immediately after the date of the birth, of the judicial decision of custody for the purpose of adoption or foster care or decision judicial constitutes adoption.

In the case that both parents work and after the first six weeks, the period of entitlement to this leave may be extended to interrupted and exercise from the end of the compulsory rest after childbirth until the child reaches the age of twelve months. In the case of interrupted enjoyment, shall require, for each period of enjoyment, a notice of at least 15 days and will be made by full weeks.

In the event that it is will opt for the enjoy the present permission after the week sixteen of the birth leave, if the parent who enjoy the latter leave has requested the accumulation of breastfeeding time of a child under twelve months in full days of article 48 (f), it will be at the end of that period when the computation of the remaining ten weeks of the leave will begin of the parent other than the biological mother.

This leave may be granted full-time or part-time, when the needs of the service allow it, and in the terms determined by regulation, in accordance with the rules established in this article.

In cases of preterm birth and in cases where, for any other reason, the infant must remain hospitalized after delivery, this leave shall be extended by as many days as the infant is hospitalized, with a maximum of thirteen additional weeks.

In the event of the death of the son or daughter, the period of leave shall not be reduced, unless, after the end of the six weeks of compulsory rest, the return to work is requested.

During the taking of this leave, after the first six uninterrupted weeks and immediately after the date of birth, it will be possible to participate in the training courses convened by the Administration.

Officials who have taken leave for birth,adoption, custody for the purpose of adoption or fostercare, both temporary and permanent, they shall have the right, after the end of the period of leave, to return to their job on terms and conditions which are no less favourable to their enjoyment of the leave, as well as to benefit from any improvement in working conditions to which they may have been entitled during their absence.

(d) Leave due to gender-based violence against female civil service: lack of assistance,of the female civil servants victims of gender violence, in whole or in part, shall be considered justified by the time and under the conditions in which the social care or health services so determine, as appropriate.

In addition, female civil servants who are victims of violence against women, in order to give effect to their protection or their right to comprehensive social assistance, shall have the right to a reduction in working hours with a proportional reduction in pay, or to the reorganization of working time, through the adaptation of working hours, the application of flexible working hours or other forms of organisation of working time that are applicable. , in the terms that for these cases it establishes the equal implementation plan or, failing that, the competent public administration in each case.

In the case set out in the previous paragraph, the civil servant shall maintain her full remuneration when she reduces her working day by one third or less.

Ninth transitional provision. Progressive application of the leave of the parent other than the biological mother for public employees as provided for in Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation.

The duration of the leave of the parent other than the biological mother by birth, kept for the purposes of adoption, foster care, or adoption referred to in article 49(c) of this regulation, in the wording given by Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, will be progressively increased, so that:

(a) In 2019, the duration of the leave shall be eight weeks; the first two weeks shall be uninterrupted and immediately following the date of birth, of the judicial decision of custody for the purpose of adoption or foster care or of the judicial decision constituting the adoption. The remaining six weeks may be of interrupted enjoyment; either after the six weeks immediately following the mandatory rest period for the mother, or after the end of the leave contained in the paragraphs a) and (b) Article 49 or the suspension of the contract for birth, adoption, custody for the purpose of adoption or foster care.

(b) In 2020, the duration of the leave shall be twelve weeks; the first four weeks shall be uninterrupted and immediately following the date of birth, of the judicial decision of custody for the purpose of adoption or foster care or of the judicial decision constituting the adoption. The remaining eight weeks may be of interrupted enjoyment; either after the six weeks immediately following the mandatory rest period for the mother, or after the end of the leave contained in the paragraphs a) and (b) Article 49 or the suspension of the contract for birth, adoption, custody for the purpose of adoption or foster care.

(c) Finally, in 2021, the duration of the leave will be sixteen weeks; the first six weeks shall be uninterrupted and immediately after the date of birth, of the judicial decision of custody for the purpose of adoption or foster care or of the judicial decision constituting the adoption. The remaining ten weeks may be of interrupted enjoyment; either after the six weeks immediately following the mandatory rest period for the mother, or after the end of the leave contained in the paragraphs a) and (b) Article 49 or the suspension of the contract for birth, adoption, custody for the purpose of adoption or foster care.

Amendment to the Law on self-employed persons (L 20/2007)

>> Until March 7, 2019 <<

Article 4. Professional rights

3.(g) To the reconciliation of their professional activity with personal and family life, with the right to suspend their activity in situations of maternity, paternity,risk during pregnancy, risk during lactation and adoption or foster care, both pre-adoptive and permanent or simple,in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional, in the terms provided for in the social security legislation.

(h) To adequate social assistance and benefits in situations of need, in accordance with social security legislation, including the right to protection in situations of maternity, paternity,risk during pregnancy, risk during lactation and adoption or foster care, both pre-adoptive and permanent or simple,in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional.

Article 11. Concept and subjective scope

In order to carry out an economic or professional activity as an economically dependent self-employed worker, he or she must simultaneously meet the following conditions:
- a) Not to have employees in charge or to contract or subcontract part or all of the activity with third parties, both with respect to the activity contracted with the client on whom it depends economically and to the activities that it may contract with other clients. The provisions of the preceding paragraph, with regard to the prohibition of taking care of employed persons, shall not apply in the following cases and situations, in which the hiring of a single worker shall be permitted:
  - 1. Assumptions of risk during pregnancy and risk during breastfeeding of a child under nine months.
  - 2. Periods of leave for maternity, paternity,adoption orfostercare, pre-adoptive or permanent.
  - 5. For having a family member in charge, for consanguinity or affinity up to and including the second degree, with a disability equal to or greater than 33 per cent, duly accredited.

In these cases, the Economically Dependent Self-Employed Worker shall have the character of an employer, in the terms provided for in Article 1. 2 of the consolidated text of the Workers’ Statute Act.

Where not expressly provided for, the employment of an employed person shall be governed by the provisions of Article 15. 1. (c) the consolidated text of the Workers’ Statute Act and its implementing rules. For the cases provided for in numbers 3, 4 and 5 above, the contract will be concluded for a day equivalent to the reduction of the activity carried out by the self-employed worker without being able to exceed 75 per cent of the working day of a comparable full-time worker, in annual calculation. For this purpose, a full-time worker shall be understood to be comparable to the provisions of article 12 of the consolidated text of the Workers’ Statute Act. In these cases, the duration of the contract will be linked to the maintenance of the situation of care of children under seven years of age or person in a situation of dependency or disability at the expense of the self-employed worker, with a maximum duration, in any case, of twelve months.

Only the hiring of a single employee will be allowed even if two or more of the cases provided for are present. After the cause that gave rise to said hiring, the self-employed worker may conclude a new contract with an employee for any of the reasons provided above, provided that, in any case, between the end of a contract and the new contract a minimum period of twelve months elapses, unless the new contract had as a cause any of those provided for in numbers 1 and 2.

However, in cases of suspension of the employment contract due to temporary incapacity, maternity, paternity,adoption or foster care, risk during pregnancy or breastfeeding or protection of women victims of gender violence, as well as in the event of termination of the contract for appropriate reasons, the self-employed worker may hire a worker to replace to the initially contracted, without, at any time, both employed persons may provide their services simultaneously and without, in any case, exceeding the maximum period of duration of the contract provided for in this section.

In the cases provided for in numbers 3, 4 and 5, only one employee will be allowed to be hired for each child under seven years of age or family member in a situation of dependency or disability equal to or greater than 33%.

Article 16. Justified interruptions in professional activity

1. Duly justified reasons for interruption of activity by an economically dependent worker shall be considered to be those based on:

(d) Temporary disability, maternity, paternity,adoption or fostercare.

3. The causes of interruption of the activity provided for in the previous paragraphs may not justify the contractual termination by the will of the client provided for in paragraph 1(f) of the previous article, all without prejudice to other effects that for such cases may be agreed by the parties. If the customer terminates the contract, such a circumstance shall be regarded as a lack of justification for the purposes of paragraph 3 of the preceding Article.

However, when in the cases referred to in the letters (d), (e) and (g) of paragraph 1, the interruption causes material damage to the customer which paralyses or disturbs the normal development of his activity, the termination of the contract may be considered justified within the meaning of point ( (f) paragraph 1 of the previous Article.

The cases of maternity, paternity,adoption or foster care, and risk during pregnancy and breastfeeding of a child under 9 months, referred to in the letters d) and (e) paragraph 1 of this Article shall be exempted from the preceding subparagraph where the economically dependent self-employed person maintains the activity in accordance with Article 11(2)(a).

Article 26. Protective action

1. The protective action of the Special Social Security Scheme for Self-Employed Or Self-Employed Workers, under the terms and in accordance with the legally provided conditions, shall include, in any case:

(a) Health care in cases of maternity, common or occupational disease and accidents, whether or not they are at work.

(b) Financial benefits in situations of temporary disability, risk during pregnancy, maternity, paternity,risk during breastfeeding, care of children withcancer or other serious illnesses, permanent disability, retirement, death and survival and dependent family members.

Article 38. Bonus on Social Security contributions for self-employed workers during maternity, paternity, adoption, custody for adoption purposes, foster care, risk during pregnancy or risk during breastfeeding

To the quote of self-employed or self-employed persons included in the Special Social Security Scheme for Self-Employed or Self-Employed Workers or as self-employed workers in the first group of contributions of the Special Social Security Scheme for Sea Workers, during rest periods for maternity, paternity, adoption, custody for the purposes of adoption, foster care, risk during pregnancy or risk during breastfeeding, provided that this period lasts for at least one month, a bonus of 100 per cent of the self-employed quota will be applied, which results from applying to the average base that had the worker in the twelve months prior to the date on which he takes this measure, the type of contribution established as mandatory for workers included in the special Social Security scheme that corresponds by reason of his self-employed activity.

In the event that the worker have been registered for less than 12 months in the Special Social Security Scheme for Self-Employed or Self-Employed Workers or as a self-employed worker included in the first contribution group of the Special Social Security Scheme for Sea Workers, the average contribution base will be calculated from the date of registration.

This bonus will be compatible with that established in Royal Decree-Law 11/1998, of 4September.

Article 38 bis. Bonuses for self-employed women who return to work in certain cases

Workers included in the Special Social Security Scheme for Self-Employed Or Self-Employed Workers or as self-employed workers in the first contribution group of the Special Social Security Scheme for Sea Workers, who, having ceased their activity due to maternity, adoption, custody for the purposes of adoption, foster care and guardianship, in the legally established terms, return to perform an activity on their own account within two years immediately following the effective date of the cessation, they will be entitled to a bonus under which their quota for common contingencies and professional contingencies , will be fixed in the amount of 60 euros per month during the 12 months immediately following the date of their return to work, provided that they choose to contribute by the minimum base established in general in the special regime that corresponds by reason of the activity on their own account.

Those self-employed or self-employed workers who, fulfilling the above requirements, opt for a contribution base higher than the minimum indicated in the previous paragraph, may apply during the aforementioned period a bonus of 80 per cent on the contribution for common contingencies, being the contribution to reduce the amount resulting from applying to the minimum contribution base that corresponds to the contribution rate for common contingencies in force at all times.

>> As of March 8, 2019 <<

Article 4. Professional rights

3.g) To the reconciliation of their professional activity with personal and family life, with the right to suspend their activity in situations of birth, exercise co-responsible for the care of the infant,risk during pregnancy, risk during lactation,and adoption, custody for the purpose of adoption and foster care,in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that, in the latter caseits duration shall not be less than one year.

(h) To adequate social assistance and benefits in situations of need, in accordance with social security legislation, including the right to protection in situations of birth, exercise co-responsible for the care of the infant,risk during pregnancy, risk during lactation and adoption, custody for the purpose of adoption and foster care, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that , in the latter case its duration shall not be less than one year.

Article 11. Concept and subjective scope

2. In order to carry out an economic or professional activity as an economically dependent self-employed person, he must simultaneously meet the following conditions:

a) Not to have employees in charge or to contract or subcontract part or all of the activity with third parties, both with respect to the activity contracted with the client on whom it depends economically and to the activities that it may contract with other clients.

The provisions of the preceding paragraph, with regard to the prohibition of taking care of employed persons, shall not apply in the following cases and situations, in which the hiring of a single worker shall be permitted:

1. Assumptions of risk during pregnancy and risk during breastfeeding of a child under nine months.

2. Rest periods for birth, adoption, custody forthe purpose of adoption and fostercare.

5. For having a family member in charge, for consanguinity or affinity up to and including the second degree, with a disability equal to or greater than 33 per cent, duly accredited.

However, in cases of suspension of the employment contract due to temporary incapacity, birth, adoption, custody for the purpose of adoption or foster care family,risk during pregnancy or breastfeeding or protection of women victims of gender violence, as well as in the event of termination of the contract for appropriate reasons, the self-employed person may hire a worker or worker to replace to the person initially contracted, without, at any time, both employed persons may provide their services simultaneously and without, in any case, exceeding the maximum period of duration of the contract provided for in this paragraph.

In the cases provided for in nos 3, 4 and 5, only one employee shall be permitted for each child under seven years of age or a family member in a situation of dependency or disability equal to or greater than 33 per cent.

Article 16. Justified interruptions in professional activity

1. Duly justified reasons for interruption of activity by an economically dependent worker shall be considered to be those based on:

(d) Temporary disability, birth, adoption, custody for the purpose ofadoption or fostercare.

The cases of birth, adoption, custody for the purpose ofadoption, fostercare, and risk during pregnancy and breastfeeding of a child under 9 months, referred to in the letters d) and (e) paragraph 1 of this Article shall be exempted from the preceding subparagraph where the economically dependent self-employed person maintains the activity in accordance with Article 11(2)(a).

Article 26. Protective action

(a) Health care in cases of maternity, common or occupational disease and accidents, whether or not they are at work.

(b) Financial benefits in situations of temporary incapacity, risk during pregnancy, birth and care of a minor, exercise co-responsible for the care of the infant,risk during lactation, care of children affected bycancer or other serious illness, permanent disability, retirement, death and survival and family per child or dependent daughter.

Article 38. Bonus of Social Security contributions for self-employed people during the break for birth, adoption, custody for adoption purposes, foster care, risk during pregnancy or risk during breastfeeding (Valid from 1-4-2019)

To the quote of self-employed or self-employed persons included in the Special Social Security Scheme for Self-Employed or Self-Employed Workers or as self-employed persons in the first group of contributions of the Special Social Security Scheme for Sea Workers, during rest periods for birth, adoption, custody for the purposes of adoption, foster care, risk during pregnancy or risk during breastfeeding, provided that this period lasts for at least one month, a bonus of 100 per cent of the self-employed quota will be applied, which results from applying to the average base that had the person working in the twelve months prior to the date on which he takes this measure, the type of contribution established as mandatory for workers included in the special Social Security scheme that corresponds by reason of his activity as a self-employed person.

In the event that the worker has been registered in the Special Social Security Scheme for Self-Employed or Self-Employed Workers or as a worker for less than 12 months or self-employed worker included in the first contribution group of the Special Social Security Scheme for Sea Workers, the average contribution base will be calculated from the date of registration.

This bonus will be compatible with that established in Royal Decree-Law 11/1998, of 4 September.

Article 38 bis. Bonus for self-employed women who return to work in certain cases (Vigen

te from 1-4-2019)

Workers included in the Special Social Security Scheme for Self-Employed Or Self-Employed Workers or as self-employed workers in the first contribution group of the Special Social Security Scheme for Sea Workers, who, having ceased their activity by birth of son or daughter, adoption, custody for the purposes of adoption, foster care and guardianship, in the legally established terms, return to carry out an activity on their own account within two years immediately following the effective date of the cessation, they will be entitled to a bonus by virtue of which their quota for common contingencies and professional contingencies will be fixed in the amount of 60 euros per month during the 12 months immediately following the date of their reinstatement to the work, provided that they choose to contribute to the minimum base established in general in the special scheme that corresponds to the self-employed activity.

Those self-employed or self-employed workers who, fulfilling the above requirements, opt for a contribution base higher than the minimum indicated in the previous paragraph, may apply during the aforementioned period a bonus of 80 per cent on the contribution for common contingencies, being the contribution to bonus the result of applying to the minimum contribution base that corresponds to the contribution rate for common contingencies in force at all times.

Modification of the Workers’ Statute (RDLeg 2/2015)

>> Until March 7, 2019 <<

Article 9. Validity of the contract

1. If only part of the employment contract is null and void, it shall remain valid for the remainder, and shall be deemed to have been supplemented by the appropriate legal provisions in accordance with the provisions of Article 3.1.

If the worker is assigned special conditions or remunerations by virtue of consideration established in the invalid part of the contract, the body of the social jurisdiction that at the request of the party declares the nullity will make the due pronouncement on the subsistence or suppression in whole or in part of said conditions or remuneration.

2. If the contract proves null and void, the worker may demand, for the work he has already rendered, the remuneration resulting from a valid contract.

Article 11. Training contracts

1. The contract of employment in practice may be concluded with those who are in possession of a university degree or vocational training of medium or higher degree or officially recognized as equivalent, in accordance with the laws regulating the current educational system, or of a certificate of professionalism in accordance with the provisions of Organic Law 5/2002, of 19 June, on Qualifications and Vocational Training, which qualify for professional practice, within five years, or seven years when the contract is concluded with a worker with disabilities, following the completion of the corresponding studies, in accordance with the following rules:

b) The duration of the contract may not be less than six months or exceed two years, within the limits of which collective agreements at state sectoral level or, failing that, sectoral collective agreements of lower scope may determine the duration of the contract, taking into account the characteristics of the sector and the practices to be carried out.

Situations of temporary disability, risk during pregnancy, maternity,adoption, custody for adoption purposes, foster care, risk during breastfeeding and paternity will interrupt the calculation of the duration of the contract.

2. The contract for training and apprenticeship shall relate to the professional qualification of workers under a scheme of alternating paid work in an undertaking with training activity received under the vocational training system for employment or the education system.

The contract for training and apprenticeship shall be governed by the following rules:

(b) The minimum duration of the contract shall be one year and the maximum of three years. However, by means of a collective agreement, different durations of the contract may be established, depending on the organizational or productive needs of the companies, without the minimum duration being less than six months or the maximum duration exceeding three years.

Where the contract has been concluded for a period of less than the maximum period laid down by law or convention, it may be extended by agreement of the parties, up to two times, without the duration of each extension being less than six months and without the total duration of the contract being able to exceed that maximum duration.

Situations of temporary disability, risk during pregnancy, maternity, adoption, custody for adoption purposes, foster care, risk during breastfeeding and paternity will interrupt the calculation of the duration of the contract.

Article 12. Part-time contract and relief contract

4. The part-time contract shall be governed by the following rules:

(d) Part-time workers shall have the same rights as full-time workers. Where appropriate in view of their nature, such rights shall be recognised in laws and regulations and in collective agreements in a proportionate manner, depending on the time worked.

Article 14. Trial period

2. During the probationary period, the worker shall have the rights and obligations corresponding to the job he performs as if he were a staff member, except those arising from the termination of the employment relationship, which may occur at the request of either party during its course.

3. After the trial period without the withdrawal having occurred, the contract will produce full effects, counting the time of the services provided in the worker’s seniority in the company.

Situations of temporary disability, risk during pregnancy, maternity, adoption, custody for adoption purposes, foster care, risk during breastfeeding and paternity, which affect the worker during the probationary period, interrupt the computation of the same whenever there is agreement between both parties.

Article 22. Professional classification system

3. The definition of occupational groups shall be in accordance with criteria and systems aimed at ensuring the absence of discrimination, both direct and indirect, between women and men.

Article 28. Equal pay on grounds of sex

The employer is obliged to pay for the provision of work of equal value the same remuneration, paid directly or indirectly, and whatever the nature of the same, salary or extra salary, without any discrimination on grounds of sex in any of the elements or conditions of that.

Article 34. day

8. The worker shall have the right to adapt the duration and distribution of the working day in order to give effect to his right to the reconciliation of personal, family and working life in the terms established in the collective bargaining or in the agreement reached with the employer respecting, where appropriate, the provisions of that agreement.

To this end, the use of continuous working hours, flexible working hours or other forms of organisation of working time and rest periods which allow for greater compatibility between the right to reconcile workers’ personal, family and working lives and the improvement of productivity in undertakings shall be promoted.

Article 37. Weekly rest, parties and permits

3. The worker may, with prior notice and justification, be absent from work, with the right to remuneration, for any of the reasons and for the following period:

(b) Two days for the birth of a child and for the death, serious accident or illness, hospitalization or surgical intervention without hospitalization requiring home rest, of relatives up to the second degree of consanguinity or affinity. When for this reason the worker needs to make a trip for this purpose, the period will be four days.

4. In the event of the birth of a child, adoption, custody for the purpose of adoption or foster care, in accordance with article 45.1(d), for the breastfeeding of the minor until the child reaches the age of nine months, workers shall be entitled to one hour of absence from work, which may be divided into two fractions. The duration of leave shall be increased proportionately in cases of childbirth, adoption, custody for the purpose of multiple adoption or foster care.

Whoever exercises this right, by his will, may replace it with a reduction of his working day by half an hour for the same purpose or accumulate it in full days in the terms provided for in the collective bargaining or in the agreement reached with the employer respecting, where appropriate, the provisions of that.

This leave is an individual right of workers, male or female, but may only be exercised by one parent if both are working.

5. In the case of the birth of children who are premature or who, for any reason, must remain hospitalized after childbirth, the mother or father shall have the right to be absent from work for one hour. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. For the enjoyment of this permission will be to the provisions of section 7.

7. The specific working hours and the determination of the period of use of breastfeeding leave and the reduction of working hours, provided for in paragraphs 4 and 6, shall correspond to the worker, within his ordinary working day. However, collective agreements may lay down criteria for the time limit of the reduction in working hours referred to in paragraph 6, in accordance with the rights to reconcile the worker’s personal, family and working life and the productive and organisational needs of undertakings. The worker, except for force majeure, must provide the employer with fifteen days’ notice or that determined in the applicable collective agreement, specifying the date on which the breastfeeding leave or the reduction in working hours will begin and end.

The discrepancies that arise between employer and worker on the time concretion and the determination of the periods of enjoyment provided for in sections 4, 5 and 6 will be resolved by the social jurisdiction through the procedure established in article 139 of Law 36/2011, of October 10, Regulating the Social Jurisdiction.

Article 45. Causes and effects of suspension

1. The contract of employment may be suspended for the following reasons:

(d) Maternity, paternity, adoption, custody for the purpose of adoption or foster care, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, of minors under six years of age or minors who are over six years of age in the case of minors with disabilities or who, due to their circumstances and personal experiences or because they come from abroad , have special difficulties of social and family integration duly accredited by the competent social services.

Article 46. Leave of absence

3. Workers shall have the right to a period of leave of not more than three years to care for each child, whether by nature, by adoption, or in cases of custody for the purpose of adoption or permanent foster care, counting from the date of birth or, where appropriate, , of the judicial or administrative decision.

Workers shall also be entitled to a period of leave of absence, of a duration not exceeding two years, unless a longer period is established by collective bargaining, to care for a family member up to the second degree of consanguinity or affinity, who for reasons of age, accident, illness or disability cannot fend for himself or herself. , and does not carry out paid activity.

The leave referred to in this paragraph, the duration of which may be enjoyed in instalments, shall constitute an individual right of workers, male or female. However, if two or more workers of the same company generate this right by the same person causing it, the employer may limit its simultaneous exercise for justified reasons of operation of the company.

When a new causal subject gives the right to a new period of leave, the beginning of the same will end the one that, where appropriate, was enjoyed.

The period during which the worker remains on leave in accordance with the provisions of this article shall be counted towards seniority and the worker shall have the right to attend vocational training courses, to which participation must be invited by the employer, especially on the occasion of his reinstatement. During the first year you will be entitled to reserve your job. After this period, the reservation will refer to a job of the same professional group or equivalent category.

However, where the worker is part of a family which has officially recognised the status of a large family, the reservation of his job shall be extended up to a maximum of fifteen months in the case of a large family of general category, and up to a maximum of eighteen months in the case of a special category.

Article 48. Suspension with job reservation

4. In the case of childbirth, the suspension shall last for sixteen uninterrupted weeks, extendable in the case of multiple births by two more weeks for each child from the second. The suspension period will be distributed at the option of the interested party provided that six weeks are immediately after the delivery. In the event of the death of the mother, regardless of whether or not the mother performed any work, the other parent may make use of all or, where appropriate, the part remaining from the period of suspension, computed from the date of delivery, and without departing from it the part that the mother could have enjoyed prior to the birth.

In the event of the death of the child, the period of suspension shall not be reduced, unless, after the end of the six weeks of compulsory rest, the mother requests to return to her job.

Notwithstanding the foregoing, and without prejudice to the six weeks immediately following the birth of compulsory leave for the mother, in the event that both parents are working, the mother, at the beginning of the period of maternity leave, may choose for the other parent to enjoy a certain and uninterrupted part of the period of rest after childbirth either simultaneously or successively with that of the mother. The other parent may continue to make use of the period of maternity leave initially granted even if, at the time provided for the mother’s return to work, she is in a situation of temporary disability.

Where the mother does not have the right to suspend her professional activity with entitlement to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract for the period which would have corresponded to the mother, which shall be compatible with the exercise of the right recognised in paragraph 7.

In cases of preterm birth and in cases where, for any other reason, the newborn must remain hospitalized after delivery, the period of suspension may be calculated, at the request of the mother, or failing that, of the other parent, from the date of discharge from hospital. Six weeks after childbirth, of compulsory suspension of the mother’s contract, are excluded from this calculation.

In cases of preterm birth with lack of weight and those in which the newborn requires, for some clinical condition, hospitalization after delivery, for a period exceeding seven days, the period of suspension will be extended by as many days as the born is hospitalized, with a maximum of thirteen additional weeks , and in the terms in which it is developed by regulation.

5. In the case of adoption, custody for the purpose of adoption and foster care, in accordance with article 45.1(d), the suspension shall last for sixteen uninterrupted weeks, extendable in the case of adoption, custody for the purpose of multiple adoption or foster care by two weeks for each minor from the second. Such suspension shall have effect, at the worker’s choice, either on the basis of the judicial decision constituting the adoption or on the basis of the administrative decision to take custody for the purpose of adoption or foster care, without in any case the same minor being entitled to several periods of suspension.

In the case of international adoption, when it is necessary for the parents to be moved to the country of origin of the adoptee, the period of suspension, provided for in each case in this section, may begin up to four weeks before the decision constituting the adoption.

In the event that both parents work, the suspension period will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively, always with uninterrupted periods and with the limits indicated.

6. In cases of simultaneous rest periods, the sum of such periods may not exceed the sixteen weeks provided for in paragraphs 4 and 5 or the corresponding weeks in cases of childbirth, adoption, custody for the purpose of multiple adoption or foster care.

In the event of disability of the child or child adopted, in custody for the purpose of adoption or foster care, the suspension of the contract referred to in the aforementioned paragraphs shall have an additional duration of two weeks. In the event that both parents work, this additional period will be distributed at the option of the interested parties, who can enjoy it simultaneously or successively and always uninterruptedly.

The periods referred to in these paragraphs may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, in the terms determined by regulation.

7. In cases of birth of a child, adoption, custody for the purpose of adoption or foster care in accordance with article 45.1.d), the worker shall have the right to the suspension of the paternity contract for five weeks, extendable in the cases of childbirth, adoption, custody for the purpose of multiple adoption or foster care by two more days for each child from the second. This suspension is independent of the shared enjoyment of the rest periods regulated in paragraphs 4 and 5.

In the event of childbirth, the suspension corresponds exclusively to the other parent. In the case of adoption, custody for the purpose of adoption or foster care, this right will correspond only to one of the parents, at the choice of the interested parties; however, where the rest period provided for in paragraph 5 is taken in its entirety by one of the parents, the right to paternity leave may be exercised only by the other parent.

The worker exercising this right may begin to enjoy it during the period from the end of the leave for the birth of a child, provided for legally or conventionally, or from the judicial decision constituting the adoption or from the administrative decision of custody for the purposes of adoption or foster care, until the end of the suspension of the contract for the reasons set out in paragraphs 4 and 5 or immediately after of the termination of such suspension.

The period of suspension shall be uninterrupted except for the last week of the total period to which you are entitled, which, subject to agreement between employer and worker, may be enjoyed independently at another time within nine months of the date of birth of the child, the court decision or the administrative decision referred to in the preceding paragraph. This agreement shall be adopted at the beginning of the period of suspension.

The suspension of the contract referred to in this section may be enjoyed on a full-time or part-time basis of a minimum of fifty per cent, subject to agreement between the employer and the worker, and as determined by regulation. In any case, the working day regime will be the same for the entire period of suspension including, where appropriate, that of independent enjoyment referred to in the previous paragraph.

The worker must inform the employer, in good time, of the exercise of this right in the terms established, where appropriate, in the collective agreements.

8. In the event of risk during pregnancy or risk during breastfeeding, in the terms provided for in article 26 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks, the suspension of the contract will end on the day on which the suspension of the contract for biological maternity begins or the infant reaches nine months, respectively, or, in both cases, when the worker’s inability to return to her previous position or to another compatible with her condition disappears.

9. Workers shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in paragraphs 4 to 8.

10. In the case provided for in article 45.1.n), the period of suspension shall have an initial duration that may not exceed six months, unless it is clear from the judicial protection proceedings that the effectiveness of the victim’s right to protection requires the continuation of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

Article 53. Form and effects of extinction for objective reasons

4. When the employer’s decision to terminate was based on some of the grounds for discrimination prohibited by the Constitution or the law, or if it had occurred in violation of the worker’s fundamental rights and public freedoms, the termination decision shall be null and void, and the judicial authority shall make such a declaration ex officio.

The extinguishing decision shall also be null and void in the following cases:

(a) That of workers during the periods of suspension of the contract of employment for maternity, adoption, custody for the purposes of adoption, foster care, paternity, risk during pregnancy or risk during breastfeeding referred to in articles 45.1.d) and e) or for illnesses caused by pregnancy, childbirth or breastfeeding, or that notified on a date such that the period of notice granted ends within those periods.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in the letter (a); that of workers who have applied for, or are taking, one of the permits referred to in Articles 37.4, 5 and 6, or who have applied for or are taking the leave provided for in Article 46.3; and that of workers who are victims of gender-based violence for the exercise of the rights to reduce or reorganine their working time, to have their working time, to move around the workplace or to suspend their employment relationship under the terms and conditions recognized in this Law.

(c) That of workers after having returned to work at the end of the periods of suspension of the contract for maternity, adoption, custody for the purposes of adoption, foster care or paternity referred to in article 45.1(d), provided that no more than nine months have elapsed from the date of birth, adoption, delegation of custody for the purpose of adoption or foster care of the child or child.

The termination decision shall be considered appropriate provided that the concurrence of the case on which the extinguishing decision was based is established and that the requirements laid down in paragraph 1 of this Article have been met. Otherwise it will be considered inadmissible.

However, the non-granting of notice or the excusable error in the calculation of the compensation will not determine the inadmissibility of the dismissal, without prejudice to the employer’s obligation to pay the salaries corresponding to that period or to the payment of the compensation in the correct amount, regardless of the other effects that may be applicable.

Article 55. Form and effects of disciplinary dismissal

5. Dismissal that has as a motive any of the grounds for discrimination prohibited in the Constitution or in the law, or occurs in violation of fundamental rights and public freedoms of the worker, shall be null and void.

Dismissal shall also be void in the following cases:

(a) That of workers during the periods of suspension of the employment contract for maternity, adoption, custody for the purposes of adoption, foster care, paternity, risk during pregnancy or risk during breastfeeding referred to in articles 45.1.d) and e) or for illnesses caused by pregnancy, childbirth or breastfeeding, or that notified on a date such that the period of notice granted ends within those periods.

(b) That of pregnant workers, from the date of onset of pregnancy to the beginning of the period of suspension referred to in the letter (a); that of workers who have applied for, or are taking, one of the permits referred to in Articles 37.4, 5 and 6, or have applied for or are taking the leave provided for in Article 46.3; and that of workers who are victims of gender-based violence for the exercise of the rights to reduce or reorganine their working time, to geographical mobility, to change the workplace or to suspend the employment relationship under the terms and conditions recognized in this Law.

(c) That of workers after having returned to work at the end of the periods of suspension of the contract for maternity, adoption, delegation of custody, foster care or paternity referred to in article 45.1(d), provided that no more than nine months have elapsed from the date of birth, adoption, delegation of custody or foster care of the child or minor.

The provisions of the preceding letters shall apply, unless, in such cases, the appropriateness of the dismissal is declared for reasons unrelated to pregnancy or to the exercise of the right to leave and leave indicated.

Article 64. Rights of information and consultation and powers

3. It shall also have the right to receive information, at least annually, on the implementation in the enterprise of the right to equal treatment and opportunities for women and men, including data on the proportion of women and men at the various occupational levels and, where appropriate, on measures taken to promote equality between women and men in the enterprise and , if an equality plan has been established, on the implementation of the same.

7. The works council shall also have the following powers:

(a) To carry out work:

1.º Of vigilance in the fulfillment of the current norms in labor, of social security and of employment, as well as of the rest of the pacts, conditions and uses of company in force, formulating, where appropriate, the appropriate legal actions before the employer and the competent organisms or courts.
2.º Of surveillance and control of the conditions of safety and health in the development of the work in the company, with the particularities foreseen in this order by the article 19.
3.º Monitoring respect for and application of the principle of equal treatment and opportunities between women and men.

Nineteenth additional provision. Calculation of compensation in certain cases of reduced working hours

In the cases of reduction of working hours referred to in articles 37.5, 6 and 8, the salary to be taken into account for the purposes of calculating the compensation provided for in this law will be that which would have corresponded to the worker without considering the reduction in working hours made, provided that the maximum period legally established for such reduction has not elapsed.
Likewise, the provisions of the previous paragraph shall apply in cases of part-time exercise of rights as established in the third paragraph of article 48.6 and in the penultimate paragraph of article 48.7.

>> As of March 8, 2019 <<

Article 9. Validity of the contract

2. If the contract proves to be void, the worker may, for the work he has already rendered, demand remuneration consequent on a valid contract.

3. In the event of nullity due to wage discrimination on grounds of sex, the worker shall be entitled to remuneration corresponding to work of equal or equal value

Article 11. Training contracts

1. The contract of employment in practice may be concluded with those who are in possession of a university degree or of professional training of medium or higher degree or officially recognized as equivalent titles, in accordance with the laws regulating the current educational system, or of a certificate of professionalism in accordance with the provisions of Organic Law 5/2002, of 19 June, on Qualifications and Vocational Training, which qualify for professional practice, within five years, or seven years when the contract is concluded with a worker with disabilities, following the completion of the corresponding studies, in accordance with the following rules:

Situations of temporary disability, birth, adoption, custody for adoption purposes, foster care, risk during pregnancy, risk during breastfeeding and gender-based violence will interrupt the calculation of the duration of the contract.

The contract for training and apprenticeship shall be governed by the following rules:

Article 12. Part-time contract and relief contract

4. The part-time contract shall be governed by the following rules:

(d) Part-time workers shall have the same rights as full-time workers. Where appropriate in view of their nature, such rights shall be recognized in laws, regulations and collective agreements in a proportionate manner, depending on the time worked, and the absence of discrimination, both direct and indirect, between women and men must be guaranteed in any case.

Article 14. Trial period

2. During the probationary period, the worker shall have the rights and obligations corresponding to the job he or she performs as if he or she were a staff member, except those arising from the termination of the employment relationship, which may take place at the request of either party during its course.

The decision at the request of the company shall be null and void in the case of female workers on the grounds of pregnancy, from the date of commencement of pregnancy until the beginning of the period of suspension referred to in article 48.4, or maternity, unless there are reasons unrelated to the pregnancy or maternity.

3. After the trial period without the withdrawal having occurred, the contract will produce full effects, counting the time of the services provided in the seniority of the worker in the company.

The situations of temporary disability, birth, adoption, custody for the purpose of adoption, foster care, risk during pregnancy, risk during breastfeeding and gender violence, which affect the worker during the probationary period, interrupt the computation of the same whenever there is agreement between both parties.

Article 22. Professional classification system

3. The definition of professional groups shall conform to criteria and systems which, based on a correlational analysis between gender biases, jobs, framework criteria and remuneration, aim to ensure the absence of discrimination, both direct and indirect, between women and men. These criteria and systems, in any case, will comply with the provisions of article 28.1.

Article 28. Equal pay on grounds of sex

1. The employer is obliged to pay for the provision of work of equal value the same remuneration, paid directly or indirectly, and whatever the nature of the same, salary or extra salary, without any discrimination on grounds of sex in any of the elements or conditions of that.

A job shall have the same value as another when the nature of the functions or tasks actually entrusted to it, the educational, professional or training conditions required for its exercise, the factors strictly related to its performance and the working conditions under which those activities are actually carried out are equivalent.

2. The employer is obliged to keep a record of the average values of the salaries, salary supplements and extra-salary receipts of his staff, disaggregated by sex and distributed by professional groups, professional categories or jobs of equal or equal value.

Workers have the right to access, through the legal representation of workers in the company, the salary register of their company.

3. Where in an undertaking with at least fifty employees, the average remuneration of workers of one sex is twenty-five per cent or more higher than that of the other, taking the total wage bill or the average of the receipts paid, the employer shall include in the wage register a justification that the difference is due to reasons unrelated to the sex of the workers.

Article 34. day

8. Working persons have the right to request adjustments to the length and distribution of working hours, in the organisation of working time and in the form of benefits, including the provision of their remote work, in order to give effect to their right to a reconciliation of family and working life. Such accommodations must be reasonable and proportionate to the needs of the worker and to the organizational or productive needs of the undertaking.

In the event that they have sons or daughters, working persons have the right to make such a request until the sons or daughters reach the age of twelve.

In collective bargaining, the terms of its exercise will be agreed, which will be adapted to criteria and systems that guarantee the absence of discrimination, both direct and indirect, between workers of both sexes. In his absence, the company, upon request for adaptation of the working day, will open a negotiation process with the worker for a maximum period of thirty days. At the end of the same, the company, in writing, will communicate the acceptance of the request, will present an alternative proposal that allows the needs of conciliation of the worker or will express the refusal to exercise it. In the latter case, the objective reasons on which the decision is based shall be indicated.

The worker shall have the right to request the return to his previous working day or contractual modality once the agreed period has ended or when the change in circumstances so warrants, even if the period provided for has not elapsed.

The provisions of the preceding paragraphs are, in any case, without prejudice to the leave to which the worker is entitled in accordance with the provisions of article 37.

The discrepancies that arise between the management of the company and the worker will be resolved by the social jurisdiction through the procedure established in article 139 of Law 36/2011, of October 10, Regulating the Social Jurisdiction

Article 37. Weekly rest, parties and permits

3. The worker may, with prior notice and justification, be absent from work, with the right to remuneration, for any of the reasons and for the following period:

(b) Two days for the death, serious accident or illness, hospitalization or surgical intervention without hospitalization requiring home rest, of relatives up to the second degree of consanguinity or affinity. When for this reason the worker needs to make a trip for this purpose, the period will be four days.

4. In the event of birth, adoption, custody for the purpose of adoption or foster care, in accordance with article 45.1.d), workers shall be entitled to one hour of absence from work, which they may divide into two fractions, for the care of the infant until the latter reaches the age of nine months. The duration of leave shall be increased proportionately in cases of birth, adoption, custody for the purpose of multiple adoption or foster care.

Whoever exercises this right, by his will, may replace it with a reduction of his working day by half an hour for the same purpose or accumulate it in full days in the terms provided for in the collective bargaining or in the agreement reached with the company respecting, where appropriate, the provisions of that.

The reduction in working hours referred to in this section constitutes an individual right of working persons without its exercise being transferred to the other parent, adopter, guardian or foster parent. However, if two workers of the same company exercise this right by the same person causing it, the business management may limit its simultaneous exercise for justified reasons of operation of the company, which must be communicated in writing.

When both parents, adoptive parents, guardians or foster parents exercise this right with the same duration and regime, the period of enjoyment may be extended until the infant reaches twelve months, with a proportional reduction in salary from the completion of the nine months.

5. Workers shall have the right to be absent from work for one hour in the event of the premature birth of a child or who, for any reason, must remain hospitalized after childbirth. They will also have the right to reduce their working hours to a maximum of two hours, with a proportional reduction in salary. The use of this permit shall be as provided for in paragraph 7.’

7. The specific working hours and the determination of the leave and reductions in working hours provided for in paragraphs 4, 5 and 6 shall be the responsibility of the worker within his or her ordinary working day. However, collective agreements may lay down criteria for the time limit of the reduction in working hours referred to in paragraph 6, in view of the rights of the worker to reconcile personal, family and working life and the productive and organisational needs of undertakings. The worker, except force majeure, must give the employer fifteen days’ notice or that determined in the applicable collective agreement, specifying the date on which the infant’s care leave or reduction in working hours will begin and end.

Article 45. Causes and effects of suspension

1. The contract of employment may be suspended for the following reasons:

d) Birth, adoption, custody for the purpose of adoption or foster care, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, of minors under six years of age or minors over six years of age with disabilities or who, due to their circumstances and personal experiences or because they come from abroad , have special difficulties of social and family integration duly accredited by the competent social services.

Article 46. Leave of absence

When a new causal subject gives the right to a new period of leave, the beginning of the same will end the one that, where appropriate, was enjoyed.

However, where the working person is part of a family which has recognised the status of a large family, the reservation of his job shall be extended up to a maximum of fifteen months in the case of a large family of general category, and up to a maximum of eighteen months in the case of a special category. Where the person exercises this right with the same duration and regime as the other parent, the job reservation shall be extended up to a maximum of eighteen months.

Article 48. Suspension with reservation of job (Vigenyou since 1-4-2019)

4. The birth, which includes the birth and care of children under twelve months of age, shall suspend the contract of employment of the biological mother for 16 weeks, of which the six uninterrupted weeks immediately following the birth, to be enjoyed full-time, shall be mandatory in order to ensure the protection of the mother’s health.

The birth shall suspend the employment contract of the parent other than the biological mother for 16 weeks, of which the six uninterrupted weeks immediately following the birth, to be enjoyed full-time, shall be mandatory for the performance of the duties of care provided for in article 68 of the Civil Code.

(Reproduced, with modifications to paragraph 4 of this subparagraph)

In cases of preterm birth and in cases where, for any other reason, the baby must remain hospitalized after delivery, the period of suspension may be calculated, at the request of the biological mother or the other parent, from the date of discharge from hospital. Six weeks after childbirth, of compulsory suspension of the contract of the biological mother, are excluded from this calculation.

In cases of preterm birth with lack of weight and in those cases in which the newborn requires, for some clinical condition, hospitalization after delivery, for a period exceeding seven days, the period of suspension will be extended by as many days as the born is hospitalized, with a maximum of thirteen additional weeks , and in the terms in which it is developed by regulation.

In the event of the death of the son or daughter, the period of suspension will not be reduced, unless, once the six weeks of compulsory rest have ended, the return to work is requested.

The suspension of the contract of each of the parents for the care of minors, after the first six weeks immediately after the birth, may be distributed at the will of the parents, in weekly periods to be enjoyed in an accumulated or interrupted manner and exercised from the end of the compulsory suspension after childbirth until the son or daughter reaches twelve months. However, the biological mother may anticipate her exercise up to four weeks before the expected date of delivery. The enjoyment of each weekly period or, where appropriate, of the accumulation of said periods, must be communicated to the company at least fifteen days in advance.

This right is individual to the worker without its exercise being transferred to the other parent.

The suspension of the employment contract, after the first six weeks immediately after the birth, may be enjoyed on a full-time or part-time basis, subject to agreement between the company and the worker, and as determined by regulation.

The worker must inform the company, at least fifteen days in advance, of the exercise of this right in the terms established, where appropriate, in the collective agreements. Where both parents exercising this right work for the same undertaking, the business management may restrict their simultaneous exercise for well-founded and objective reasons, duly substantiated in writing.

5. In the case of adoption, custody for the purpose of adoption and foster care, in accordance with article 45.1(d), the suspension shall last for sixteen weeks for each adopter, guardian or foster carer. Six weeks must be enjoyed full-time on a compulsory and uninterrupted basis immediately after the court decision constituting the adoption or the administrative decision to take custody for the purpose of adoption or foster care.

The remaining ten weeks may be enjoyed in weekly periods, cumulatively or interruptedly, within twelve months of the judicial decision constituting the adoption or the administrative decision of custody for the purpose of adoption or foster care. In no case shall the same minor entitle to several periods of suspension in the same working person. The enjoyment of each weekly period or, where appropriate, of the accumulation of said periods, must be communicated to the company at least fifteen days in advance. The suspension of these ten weeks may be exercised on a full-time or part-time basis, subject to agreement between the company and the worker affected, in the terms determined by regulation.

In the case of international adoption, when it is necessary to move the parents to the country of origin of the adoptee, the period of suspension provided for each case in this section may begin up to four weeks before the decision constituting the adoption.

This right is individual to the worker without its exercise being transferred to the other adopter, guardian for adoption or foster.

The worker must inform the company, at least fifteen days in advance, of the exercise of this right in the terms established, where appropriate, in the collective agreements. When the two adopters, guardians or foster parents exercising this right work for the same company, the latter may limit the simultaneous enjoyment of the voluntary ten weeks for well-founded and objective reasons, duly reasoned in writing.

6. In the event of disability of the son or daughter at birth, adoption, in foster care for the purpose of adoption or foster care, the suspension of the contract referred to in paragraphs 4 and 5 shall have an additional duration of two weeks, one for each of the parents. The same extension will take place in the case of birth, adoption, custody for the purpose of adoption or multiple foster care for each son or daughter other than the first.

7. In the event of risk during pregnancy or risk during breastfeeding, in the terms provided for in article 26 of Law 31/1995, of 8 November, on the Prevention of Occupational Risks, the suspension of the contract will end on the day on which the suspension of the contract for childbirth begins or the infant reaches nine months, respectively, or, in both cases, when the worker’s inability to return to her previous position or to another compatible with her condition disappears.

8. In the case provided for in article 45.1.n), the period of suspension shall have an initial duration that may not exceed six months, unless it is clear from the judicial protection proceedings that the effectiveness of the victim’s right to protection requires the continuity of the suspension. In this case, the judge may extend the suspension for periods of three months, with a maximum of eighteen months.

9. Workers shall benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in paragraphs 4 to 8.

Article 53. Form and effects of extinction for objective reasons

4. When the employer’s decision to terminate was based on some of the grounds for discrimination prohibited by the Constitution or the law, or if it had occurred in violation of the fundamental rights and public freedoms of the worker, the termination decision shall be null and void, and the judicial authority must make such a declaration ex officio.

The extinguishing decision shall also be null and void in the following cases:

(a) That of workers during the periods of suspension of the contract of employment for birth, adoption, custody for the purpose of adoption, foster care, risk during pregnancy or risk during breastfeeding referred to in article 45.1(d) and (e), or for illnesses caused by pregnancy, childbirth or breastfeeding, or that notified on a date such that the period of notice granted ends within those periods.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in the letter (a); that of workers who have applied for, or are taking, one of the leave referred to in Articles 37.4, 5 and 6, or who have applied for or are taking the leave provided for in Article 46.3; and that of women workers who are victims of gender-based violence because of the exercise of their right to effective judicial protection or the rights recognized in this Law to give effect to their protection or their right to comprehensive social assistance.

(c) That of workers after having returned to work at the end of the periods of suspension of the contract for birth, adoption, custody for the purpose of adoption or foster care, referred to in article 45.1(d), provided that no more than twelve months have elapsed from the date of birth, adoption, custody for the purpose of adoption or foster care.

The provisions of the preceding letters shall apply, unless, in such cases, the origin of the termination decision is declared for reasons unrelated to pregnancy or to the exercise of the right to the aforementioned leave and leave of absence. In order to be considered appropriate, it must be sufficiently established that the objective cause behind the dismissal specifically requires the termination of the contract of the person concerned.

In all other cases, the termination decision shall be considered appropriate when the concurrence of the cause on which the extinguishing decision was based is proven and the requirements established in paragraph 1 of this article have been met. Otherwise it will be considered inadmissible.

However, the failure to give notice or the excusable error in the calculation of the compensation shall not determine the inadmissibility of the dismissal, without prejudice to the employer’s obligation to pay the wages corresponding to that period or to the payment of the compensation in the correct amount, regardless of the other effects that may be applicable

Article 55. Form and effects of disciplinary dismissal

Dismissal shall also be void in the following cases:

(b) That of pregnant workers, from the date of onset of pregnancy to the beginning of the period of suspension referred to in the letter (a); that of workers who have applied for, or are taking, one of the leave referred to in Articles 37.4, 5 and 6, or who have applied for or are taking the leave provided for in Article 46.3; and that of women workers who are victims of gender-based violence because of the exercise of their right to effective judicial protection or the rights recognized in this Law to give effect to their protection or their right to comprehensive social assistance.

Article 64. Rights of information and consultation and powers

3. It shall also have the right to receive information, at least annually, on the application in the undertaking of the right to equal treatment and opportunities for women and men, including the register provided for in Article 28(2) and data on the proportion of women and men at the various occupational levels. , as well as, where appropriate, on the measures taken to promote equality between women and men in the undertaking and, if an equality plan had been drawn up, on its implementation.

7. The works council shall also have the following powers:

(a) To carry out work:

1.º Of vigilance in the fulfillment of the current norms in labor, of social security and of employment, as well as of the rest of the pacts, conditions and uses of company in force, formulating, where appropriate, the appropriate legal actions before the employer and the competent organisms or courts.
2.º Of surveillance and control of the conditions of safety and health in the development of the work in the company, with the particularities foreseen in this order by the article 19.
3.º Monitoring respect for and application of the principle of equal treatment and opportunities between women and men, especially in the field of wages.

Nineteenth additional provision. Calculation of compensation in certain cases of reduced working hours

1. In the cases of reduction of working hours referred to in article 37.4 in its final paragraph, as well as in paragraphs 5, 6 and 8 thereof, the salary to be taken into account for the purpose of calculating the compensation provided for in this law shall be that which would have corresponded to the worker without taking into account the reduction in working hours made , provided that the maximum period legally established for such reduction has not elapsed.

2. Likewise, the provisions of the previous paragraph shall apply in cases of part-time exercise of rights as established in the seventh paragraph of Article 48.4 and the second paragraph of Article 48.5.

Twenty-second additional provision. Leave of birth, adoption, of the parent other than the biological mother and lactation of the labor personnel in the service of the public administrations.

The permits for birth, adoption, of the parent other than the biological mother and lactation regulated in the revised text of the Law on the Basic Statute of the Public Employee, approved by Royal Legislative Decree 5/2015, of 30 October, will be applicable to the labour staff of the public administrations, therefore, not being applicable to these personnel, therefore, the provisions of this Law on the suspensions of employment contracts that, where appropriate, would correspond for the same cases of fact

Thirteenth transitional provision. Gradual application of article 48 in the drafting by Royal Decree-Law 6/2019, of 1 March, of urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation.

1. Paragraphs 4, 5, and 6 of Article 48, as amended by Royal Decree-Law 6/2019, of 1 March, on urgent measures to guarantee equal treatment and opportunities for women and men in employment and occupation, shall be applied gradually in accordance with the following rules:

a) In the case of birth, the biological mother will fully enjoy the suspension periods regulated in Royal Decree-Law 6/2019, of 1 March, from its entry into force.

b) From the entry into force of Royal Decree-Law 6/2019, of March 1, in the case of birth, the other parent will have a total suspension period of eight weeks, of which the first two, must enjoy them uninterruptedly immediately after childbirth.

The biological mother may assign to the other parent a period of up to four weeks of her period of suspension of non-compulsory enjoyment. The enjoyment of this period by the other parent, as well as that of the remaining six weeks, will be in accordance with the provisions of article 48.4.

c) From the entry into force of Royal Decree-Law 6/2019, of March 1, in the case of adoption, custody for the purposes of adoption or foster care, each parent will have a period of suspension of six weeks to enjoy full-time in a mandatory and uninterrupted manner immediately after the judicial decision by which the adoption is constituted or the administrative decision of guardianship for the purposes of adoption or foster care. In addition to the six weeks of compulsory enjoyment, the parents may have a total of twelve weeks of voluntary enjoyment that they must enjoy uninterruptedly within twelve months of the judicial decision constituting the adoption or the administrative decision of custody for the purpose of adoption or foster care, in accordance with the provisions of article 48.5. Each parent may individually enjoy a maximum of ten weeks out of the total twelve weeks of voluntary enjoyment, the remaining ones being on the total of the twelve weeks at the disposal of the other parent. Where both parents exercising this right work for the same undertaking, the latter may limit the simultaneous enjoyment of the voluntary twelve weeks for well-founded and objective reasons, duly substantiated in writing.

d) From 1 January 2020, in the case of birth, the other parent will have a total suspension period of twelve weeks, of which the first four must enjoy them uninterruptedly immediately after childbirth. The biological mother may assign to the other parent a period of up to two weeks of her period of suspension of non-compulsory enjoyment The enjoyment of this period by the other parent, as well as that of the remaining eight weeks, will be in accordance with the provisions of article 48.4.

e) From 1 January 2020, in the case of adoption, custody for the purpose of adoption or foster care, each parent shall have a period of suspension of six weeks to be enjoyed full-time on a mandatory and uninterrupted basis immediately after the judicial decision constituting the adoption or the administrative decision of custody for the purpose of adoption or foster care. In addition to the six weeks of compulsory enjoyment, the parents may have a total of sixteen weeks of voluntary enjoyment that they must enjoy uninterruptedly within twelve months of the judicial decision constituting the adoption or the administrative decision of custody for the purposes of adoption or foster care, in accordance with the provisions of article 48.5. Each parent may individually enjoy a maximum of ten weeks out of the total sixteen weeks of voluntary enjoyment, the remaining ones being on the total of the sixteen weeks at the disposal of the other parent. Where both parents exercising this right work for the same undertaking, the latter may limit the simultaneous enjoyment of the voluntary sixteen weeks for well-founded and objective reasons, duly substantiated in writing.

f) From January 1, 2021, each parent will enjoy the same period of suspension of the employment contract, including six weeks of compulsory leave for each of them, being of full application the new regulation provided in Royal Decree-Law 6/2019, of March 1.

2. As long as there is no total equality in the periods of suspension of both parents, and in the period of gradual application, the new system shall be applied with the following particularities:

(a) In the event of the death of the biological mother, regardless of whether or not the biological mother performed any work, the other parent shall be entitled to the full 16 weeks of suspension provided for the biological mother in accordance with article 48.4.

(b) In the case of birth, the other parent may continue to make use of the period of suspension initially granted by the biological mother even if, at the time envisaged for the mother’s return to work, she is temporarily disabled.

(c) In the event that a parent does not have the right to suspend his or her professional activity with entitlement to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend his or her employment contract for the entirety of 16 weeks, without any limitations of the transitional arrangements being applicable to him or her.

d) In the cases of adoption, custody for the purpose of adoption and foster care, in accordance with article 45.1.d), in the event that both parents work, the suspension period will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively, within the limits of shared enjoyment established for each year of the transitional period. The periods referred to in these paragraphs may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, in the terms determined by regulation.

If you have any questions about these new equality measures, you can contact us and our team of advisors will be in charge of helping you.

The 10 new equality measures

Measures included

1. Paternity Leave

2. Breastfeeding

3. Equality Plans

4. Wage Discrimination

5. Conciliation

6. Maternity protection in probationary periods

7. Gender-based Violence

8. Special Agreement for Non-Professional Caregivers

9. More inclusive language

10. Education from 0 to 3 years

Amendment of the General Social Security Law (LGSS) / RDleg 8/2015

>> Until March 7, 2019 <<

Article 42. Protective action of the Social Security system

CHAPTER VI. motherhood

Article 177. Protected situations

Article 178. Beneficiaries

Article 179. Financial benefit

Article 180. Loss or suspension of entitlement to maternity benefit

Article 181. Beneficiaries

Article 182. Financial benefit

CHAPTER VII. paternity Article 183. Protected situation

Article 184. Beneficiaries

Article 185. Financial benefit

Article 318. Applicable rules

First additional provision. Rules applicable to special schemes

Fourteenth additional provision. Legal regime of special agreements for non-professional carers of dependent persons

>> As of March 8, 2019 <<

Article 42. Protective action of the Social Security system

CHAPTER VI. Birth and childcare

Article 177. Protected situations

Article 178. Beneficiaries

Article 179. Financial benefit

Article 180. Loss or suspension of entitlement to the allowance for birth and childcare

Article 181. Beneficiaries

Article 182. Financial benefit

CHAPTER VII. Co-responsibility in the care of the infant

Article 183. Protected situation

Article 184. Beneficiaries

Article 185. Financial benefit

Article 318. Applicable rules

First additional provision. Rules applicable to special schemes

Fourteenth additional provision. Legal regime of special agreements for non-professional carers of dependent persons

Thirty-second transitional provision. Transitional period for the payment of the non-compulsory period of the birth and childcare benefit

Modification of the Basic Statute of the Public Employee (EBEP) / RDLeg 5/2015

>> Before Royal Decree Law 6/2019 <<

Article 7. Regulations applicable to labour personnel

Article 48. Permits for civil servants

Article 49. Leave for reasons of reconciling personal, family and work life, for reasons of gender-based violence and for victims of terrorism and their immediate family members

>> After Royal Decree Law 6/2019 <<

Article 7. Regulations applicable to labour personnel

Article 48. Permits for civil servants

Article 49. Permits for reasons of reconciliation of personal, family and work life, for reasons of gender violence and for victims of terrorism and their immediate family members (Effective from 1-4-2019)

Amendment to the Law on self-employed persons (L 20/2007)

>> Until March 7, 2019 <<

Article 4. Professional rights

Article 11. Concept and subjective scope

Article 16. Justified interruptions in professional activity

Article 26. Protective action

Article 38. Bonus on Social Security contributions for self-employed workers during maternity, paternity, adoption, custody for adoption purposes, foster care, risk during pregnancy or risk during breastfeeding

Article 38 bis. Bonuses for self-employed women who return to work in certain cases

>> As of March 8, 2019 <<

Article 4. Professional rights

Article 11. Concept and subjective scope

Article 16. Justified interruptions in professional activity

Article 38. Bonus of Social Security contributions for self-employed people during the break for birth, adoption, custody for adoption purposes, foster care, risk during pregnancy or risk during breastfeeding (Valid from 1-4-2019)

Article 38 bis. Bonus for self-employed women who return to work in certain cases (Vigen te from 1-4-2019)

Modification of the Workers’ Statute (RDLeg 2/2015)

>> Until March 7, 2019 <<

Article 11. Training contracts

Article 12. Part-time contract and relief contract

Article 14. Trial period

Article 22. Professional classification system

Article 28. Equal pay on grounds of sex

Article 37. Weekly rest, parties and permits

Article 45. Causes and effects of suspension

Article 46. Leave of absence

Article 48. Suspension with job reservation

Article 53. Form and effects of extinction for objective reasons

CHAPTER VII. paternity
Article 183. Protected situation

Article 38 bis. Bonus for self-employed women who return to work in certain cases (Vigen

te from 1-4-2019)