New work-life balance measures 2023 are approved in RDL 5/2023. Published in the BOE of June 29, 2023, it partially transposes Directive (EU) 2019/1158. Relating to the work-life balance of parents and caregivers.
Accordingly, amendments are made to the consolidated text of:
- the Workers’ Statute Law (RD Legislative 2/2015).
- in the Law regulating the Social Jurisdiction (Law 36/2011)
- and in the Basic Statute of the Public Employee (RD Legislative 2/2015).
And which came into force as of June 30th, 2023.
Work-life balance 2023 labor measures
Our experts in Labour Consulting include the correction of errors published in the BOE of July 1st.
Modifications to the Revised Text of the Workers’ Statute
Workers’ right not to be discriminated against
Among the work-life balance measures 2023 and in the employment relationship, unfavorable treatment given to women or men for exercising the rights of work-life balance. Or co-responsibility of family and work life will constitute discrimination on the basis of sex.
With regard to the right to non-discrimination on the grounds of disability, it eliminates the reference to “provided that they are fit to perform the work or job in question”.
Right to request adaptations to the working day
Workers shall have the right to request adaptations in the length and distribution of the working day, in the organization of working time and in the form of provision, including the provision of their work remotely, when they have care needs:
- First, with respect to sons and daughters over twelve years of age,
- Also, with respect to the spouse or unmarried partner,
- For relatives up to the second degree of consanguinity of the worker,
- And finally, as well as other dependents when, in the latter case, they live in the same home, and who for reasons of age, accident or illness are unable to look after themselves, and must justify the circumstances on which their request is based.
The terms of the exercise of the right to request adaptations to the duration and distribution of the working day may be established in collective bargaining. In the absence thereof, the company, upon the employee’s request, will open a negotiation process with the employee. Which will have to be carried out as quickly as possible and, in any case, during a maximum period of fifteen days (up to now it was 30 days). With the presumption of its concession if there is no express reasoned opposition within this period. When an alternative proposal is put forward or the request is denied, the objective reasons on which the decision is based will be stated.
The worker will have the right to return to the situation prior to the adaptation at the end of the agreed or planned period or when the reasons for the request cease to exist. In all other cases, if there is a change in circumstances that justifies it, the company may only deny the requested return when there are objective and justified reasons for doing so.
Transitional regime
The working day adaptations that were being applied on June 30, 2023 will remain in force, being applicable to them the provisions of the new wording of Article 34.8 and, in particular, regarding the return to the previous situation.
The dismissal for objective or disciplinary reasons of workers who have requested or are benefiting from the working day adaptations provided for in Article 34.8 of the TRLET shall be null and void.
Leaves of absence included in the work-life balance measures 2023
The worker, with prior notice and justification, may be absent from work with the right to remuneration, for 15 calendar days in the case of marriage or registration of a domestic partnership.
Also the duration and subjective scope of paid leave due to accident or illness is extended. The worker, with prior notice and justification, may be absent from work, with the right to remuneration, for five days. Up to now 2 days without travel and 4 with travel. Due to serious accident or illness, hospitalization or surgery without hospitalization that requires home rest of the spouse, common-law partner or relatives up to the second degree of consanguinity or affinity. Including the common-law partner’s blood relative, as well as of any other person other than the above, who lives with the worker in the same domicile and who requires the effective care of the former. Dismissal for objective or disciplinary reasons of workers who have requested or are enjoying this leave will be null and void.
The subjective scope of the paid leave for death is extended, which is now regulated in art.37.3 b bis) of the TRLET. The worker, with prior notice and justification, may be absent from work, with the right to remuneration, for two days due to the death of the spouse, common-law partner or relatives up to the second degree of consanguinity or affinity. When the employee needs to travel for this purpose, the period shall be extended by two days.
Exception
If two workers of the same company exercise the right to reduce the working day for the care of the infant by the same causal subject, its simultaneous exercise may be limited for well-founded and objective reasons of operation of the company. Duly motivated in writing, and in such case the company must offer an alternative plan. That ensures the enjoyment of both workers and that makes possible the exercise of the work-life balance rights. Those who were enjoying this leave on 30/06/2023, will do so in accordance with the regulations that were applicable to them at the beginning of their enjoyment. And will not limit, in any case, the enjoyment of the new parental leave of article 48 bis of the Workers’ Statute. Which can be enjoyed in its entirety when the parental leave ends.
Extension of the right
Extends the right to a reduction in the daily working day, with a proportional reduction in salary of between at least one eighth and a maximum of one half of the daily working day. To those who need to take direct care of the spouse or common-law partner. Or a relative up to the second degree of consanguinity and affinity. Including the blood relative of the common-law partner, who for reasons of age, accident or illness cannot look after himself/herself. And who does not perform a paid activity.
In addition, the reductions in working hours contemplated in Article 37.6 of the TRLET, for family-related care, constitute an individual right of the workers. Men or women. However, if two or more workers of the same company generate this right by the same causal subject, the employer may limit its simultaneous exercise for justified and objective reasons of operation of the company. Duly motivated in writing. In such a case, the company must offer an alternative plan that ensures the enjoyment of both workers. And enables the exercise of the work-life balance rights. In the exercise of this right, the promotion of co-responsibility between women and men will be taken into account.
Those who were enjoying these leaves on 30/06/2023, will do so in accordance with the regulations that were applicable to them at the beginning of their enjoyment. And their enjoyment will not limit, in any case, the enjoyment of the new parental leave of article 48 bis of the Workers’ Statute, which can be enjoyed in its entirety when the new parental leave of article 48 bis of the Workers’ Statute comes to an end.
New leave
A new leave for family reasons is introduced. The employee will have the right to be absent from work due to force majeure when it is necessary for urgent family reasons. Related to family members or persons living with them, in case of illness or accident that make their immediate presence indispensable. In these cases, they shall be entitled to be paid for the hours of absence equivalent to four days a year. In accordance with the provisions of the collective bargaining agreement or, failing that, in agreement between the company and the legal representation of the workers. Providing these, where appropriate, accreditation of the reason for absence.
Contract suspension
The work-life balance measures 2023 extend the right to a period of leave of absence of no more than two years. Unless a longer duration is established by collective bargaining, to workers to care for a spouse or domestic partner. Or of a relative up to the second degree of consanguinity and by affinity. Including the blood relative of the common-law partner, who for reasons of age, accident, illness or disability cannot look after himself/herself. And does not perform any paid activity.
In addition, the leave of absence contemplated for family-related care, the duration of which may be taken in installments, constitutes an individual right of the employees. However, if two or more employees of the same company generate this right by the same causal subject, the company may limit its simultaneous exercise. Always for justified and objective reasons of operation duly motivated in writing. In such a case, the company must offer an alternative plan that ensures the enjoyment of both workers. And that makes possible the exercise of the work-life balance rights.
In exercising this right, the promotion of co-responsibility between women and men shall be taken into account. Those who were enjoying this leave on 30/06/2023, will do so in accordance with the regulations that were applicable to them at the beginning of their enjoyment. And its enjoyment will not limit, in any case, that of the new parental leave of article 48 bis of the Workers’ Statute. Which will be able to be enjoyed in its entirety when the parental leave comes to an end.
The extension of the duration of the suspension of the work contract in the case of birth, adoption, guardianship for the purpose of adoption or foster care in the case of disability of the son or daughter, in the case of a single parent, the latter will be able to enjoy the full extensions of the suspension foreseen for the case of families with two parents.
New parental leave
Between the new work-life balance measures 2023 the new article 48 bis of the TRLET sets the workers will be entitled to a parental leave. For the care of a child or foster child for a period of more than one year, until the child reaches the age of eight. It will have a duration of no more than eight weeks, continuous or discontinuous. It may be taken on a full-time basis or on a part-time basis in accordance with the regulations. This leave constitutes an individual right of the workers, men or women, and its exercise cannot be transferred.
It will be up to the worker to specify the start and end date of the leave. Or, in its case, of the periods of enjoyment. The company must be notified ten days in advance or as specified in the collective bargaining agreements. Except in the case of force majeure, taking into account the situation of the employee and the organizational needs of the company.
In the event that two or more workers generate this right by the same causal subject. Or in other cases defined by collective agreements in which the enjoyment of parental leave in the requested period seriously alters the proper functioning of the company, the company may postpone the granting of leave for a reasonable period. Justifying it in writing and after having offered an equally flexible alternative leave period. Parental leave is a cause for suspension of the employment contract (Art.45.1 o) TRLET). RDL 5/2023 has not regulated the remuneration or economic benefit of parental leave.
The dismissal for objective or disciplinary reasons of workers during the periods of suspension of the employment contract due to the enjoyment of the new parental leave of Article 48 bis of the TRLET will be null and void.
The provisions on the calculation of compensation in certain cases of reduction of working hours of the nineteenth additional provision of the TRLET will be applicable, in the case of part-time exercise of the new parental leave.
