At a glance
- The Royal Decree-Law 5/2023, of 28 June, entered into force on 30 June 2023.
- The Act brings about a number of changes transposing the EU Work-life Balance directive.
Key changes
Adaptation of working time in Article 34.8 of the Workers' Statute
The period for negotiating changes in working time with an employee has been reduced from 30 to 15 days. Where no reasons are presented for rejecting or opposing the change in working hours, the request is to be deemed to have been granted.
Paid leave provisions in Article 37 of the Workers' Statute
The following changes have been made to the paid leave provisions:
- The 15 days of paid leave for marriage has now been extended to include civil partnerships.
- Paid leave in the event of a serious accident / illness, hospitalisation or surgery has been increased from two to five days.
- A new period of leave has been introduced entitling employees to take time off work for reasons of force majeure in the event of urgent family matters. This includes situations in which a family member, or a person living with the employee, experiences an accident or an illness where the employee’s presence is crucial.
- In accordance with the provisions of the Collective Bargaining Agreement, employees will be entitled to be paid for the number of hours they are absent, up to the equivalent of four working days per year. Where this is not possible, provided that the employee gives proof for the reason of absence, the employee will be entitled to absence pay by means of an agreement between the company and the employee’s legal representative.
New parental leave
A new flexible parental leave has been introduced for the care of 'a son, daughter or foster child', from the date of birth, adoption or fostering, until the child reaches the age of eight.
The leave is for a maximum duration of eight weeks, which can be taken continuously or discontinuously and on a full-time or part-time basis.
The employee can choose the start and end date of the leave, providing that they give ten days’ notice.
Extensions to null and void dismissals
The following dismissals will be treated as automatically null and void, unless there is sufficient cause for them to be justified:
- The dismissal of an employee who exercises their right to the new eight-week parental leave. Dismissal in this instance will be deemed to be null and void.
- The dismissal of a person who has requested, or is taking advantage of, the adaptation of working hours' provisions. The law does not set a time limit on when the request has to have been made nor any restrictions relating to whether the adaptation of working hours was granted or not. The protection applies to any person who has requested, at any time, the adaptation of their working hours and has, as a result, been dismissed.
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