This extensive regulation pursues various objectives, highlighting the transposition of European Union directives on structural modifications of commercial companies and in the field of reconciling family life and the professional life of parents or caregivers. It also adapts the legal regime for leasing services of passenger vehicles with drivers, among others.

The main novelties of this Royal Decree-Law 5/20223 of June 28, together with the rectification of errors published on July 1, 2023, which came into force on June 30, are summarized below:

In this text we will focus on matters related to the workplace. The second book incorporates into the Spanish legal system the European Union Directive 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the reconciliation of family and professional life for parents and carers and repealing Council Directive 2010/18/EU.

The purpose of the directive is to address the problem of the dual burden of family and work responsibilities, by promoting more equitable labor relations and the effective implementation of the principle of gender equality.

As a consequence of this, changes are made effective in the consolidated text of the Workers' Statute Law, Basic Statute of the Public Employee and in the Law 36/2011, of October 10, regulating social jurisdiction. 

Three new permits have been introduced in the Workers' Statute:

1. Caregivers permit: The paid leave for serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest of the spouse, de facto partner or relatives up to the second degree by consanguinity or affinity who, for reasons of age, accident, illness or disability, require home rest is extended from 2 to 5 business days. For these purposes, the blood relative of the de facto partner is included, as well as any other person who lives with the worker in the same home and who requires effective care of the worker (art. 37.3 b) ET).
2. Urgent situations: A new right is recognized to be absent from work due to force majeure when necessary for urgent reasons related to family members or cohabitants, in the event of illness or accident that makes immediate presence essential. This leave will be paid, and for a maximum of 4 days a year, in accordance with the provisions of the applicable collective agreement or, failing that, in accordance with the agreement reached between the company and the legal representation of the workers, and must in all cases provide proof of the reason for absence (new art. 37.9 ET).

Recognition of the de facto couple

• For the purposes of the possibility of enjoying the conciliation rights recognized in current legislation, other forms of cohabitation other than marriage (de facto couples) are included, as well as family members by blood of de facto couples.
• The expanded rights are those related to permission for marriage or registration or constitution formalized by a public document for a 15-day de facto couple, expressly expanding to de facto couples, to adaptation of working hours, to caregivers' leave and to leave.

Expansion of the adaptation of the day

• The possibility of adapting the working day is expanded when there are care needs for children over 12 years of age, the spouse or de facto partner, relatives by blood up to the second degree of the worker, as well as other dependent people when, in the latter case, they live in the same home (art. 34.8 ET).
• The period to negotiate the adaptation of the working day between the company and the worker is reduced from 30 to 15 days; and if the company does not justify its opposition within that period, it will be presumed that the adaptation has been granted.
• The return to the situation prior to the adaptation of the day is regulated in the following terms:
  • The worker will have the right to return to the situation prior to the adaptation not only when the agreed or planned period ends, but also when the causes that motivated the request subside.
  • In the rest of the cases, if there is a change in circumstances that justifies it, the company may only deny the requested return when there are objective reasons motivated to do so.
• This new regulation applies to the day adaptations that are in force.

New reason for suspension

• Suspension of the employment contract due to "parental leave": a new cause for suspension of the employment relationship is approved - until the minor turns 8 years old - for a maximum of 8 weeks (new art. 48 bis ET).
• The worker may exercise this right with 10 days' notice and will not be limited by the enjoyment of other conciliation rights.

Simultaneous exercise of certain conciliation rights

• In the event of a request for a reduction in working hours (art. 37.4 ET) or leave of absence (art. 46.3 ET), the company may limit its simultaneous exercise when requested by two workers for the same cause, but must offer an alternative plan.

Extension of the nullity of dismissal

• Protection against dismissal is reinforced by establishing that dismissals - both objective and disciplinary - carried out during the enjoyment of working hours adjustment under art. 34.8 ET, and including the new conciliation rights derived from this RDL among the causes of nullity.

unfavorable treatment

The denial of job opportunities to individuals, whether women or men, due to their exercise of the rights of reconciliation or co-responsibility of family and work life, will constitute a form of discrimination based on gender.