On March 7, 2019, the BOE published the Royal Decree-Law 6/2019 in which important new developments were introduced that affect companies, public employees, and the self-employed, highlighting those detailed below.
Quota bonus for self-employed workers
During rest periods due to birth, adoption, foster care, risk during pregnancy or risk during breastfeeding, as long as this period lasts at least one month, a bonus of 100% of the quota will apply. self-employed, which results from applying to the average base that the worker had in the twelve months prior to the date on which this measure is taken advantage of, the type of contribution established as mandatory for workers included in the special Security regime Social that corresponds by reason of your self-employed activity.
In the event that the worker has been registered for less than 12 months, the average contribution base will be calculated from the date of registration.
Bonus for self-employed workers who return to work
Art. 38 bis of Law 20/2007 that regulates the Statute of the Self-Employed Worker is modified, granting in certain cases a bonus for which their fee for common and professional contingencies will be set at 60 euros per month for the 12 months following their reinstatement. , or, and a bonus of 80 percent on the contribution for common contingencies, if the contribution base is higher than the minimum.
The concept of maternity benefit changes its name to benefit for birth and care of a minor and the term paternity is modified to joint responsibility for the care of the infant.
Birth and child care permits
The leave for the birth and care of the minor for the parent other than the biological mother is extended progressively from 2019 to 2021. Specifically, the leave will be 8 weeks in 2019, from April 1, 12 weeks from January 1, 2020 and 16 weeks since January 1, 2021.
In any case, two weeks in 2019, four weeks in 2020 and six weeks from 2021 will be mandatory after the birth of the child. The suspension of the employment contract, after the first six weeks after the birth, may be enjoyed on a full or part-time, upon prior agreement. (Article 48 Workers' Statute).
In cases of premature birth and in those cases in which the child must remain hospitalized for more than 7 days, the suspension period will be extended by as many days as the child is hospitalized, up to a maximum of 13 weeks.
In the event of the death of the biological mother, she will be entitled to the sixteen-week birth leave provided for the mother, and if it has begun, to the remaining part.
Adoption permits for the purposes of adoption or foster care
Each parent will have a suspension period of 16 mandatory weeks, of which 6 must be enjoyed full-time, mandatory and uninterrupted following a court ruling, the remaining 10 weeks can be enjoyed in weekly periods cumulatively or uninterruptedly in the following 12 months ( article 45.1.d Workers' Statute).
Workers will have the right to request adaptations to the duration and distribution of the working day, in the organization of working time and in the form of benefits, including the provision of their work remotely, to make their right effective. to the reconciliation of family and work life. In the event that they have children, the right will exist until they turn 12 years old (article 48 Workers' Statute).
The possibility is opened for both parents to exercise the right to care for the infant simultaneously and that the period of enjoyment can be extended to twelve months, with a reduction in salary after the child reaches nine months of age.
The dismissal of workers after having returned to work at the end of the suspension leave due to birth, adoption, custody or foster care will be considered void (if no cause exists), if twelve months have not elapsed from that moment.
In the event that the employment contract is declared null and void due to wage discrimination based on sex, the worker will receive the remuneration corresponding to work of equal value performed.
During the trial period, termination of the contract at the employer's request will be void in the case of pregnant workers and from the date of pregnancy until delivery, unless there are reasons unrelated to pregnancy or maternity.
New business obligations
Companies with 50 or more workers must have an Equality Plan (previously the requirement was for companies with more than 250 workers), its content is regulated in article 46.2 of Organic Law 3/2007, of 22 March, for effective equality between women and men.
Mandatory registration of the Equality Plan in the Registry of Equality Plans of companies managed by the General Directorate of Labor and the labor authorities of the Autonomous Communities (article 46.5 LO 3/2007).
Company salary record
Obligation to have a Record with the average values of salaries, salary supplements and extra salary perceptions of your staff, disaggregated –
two per sex and distributed by professional groups, categories or equal jobs or jobs of equal value (article 28.2 Workers' Statute). The worker has the right to access the Registry through legal representation of the workers.
Companies with more than 50 workers: need to justify non-discrimination when the differences in the average remuneration of one sex compared to the other are 25% or higher (article 28.3 Workers' Statute).
Definition of professional groups
It must be adjusted to correlational analysis between gender biases, jobs, classification criteria and remuneration to guarantee non-discrimination (article 22.3 Workers' Statute).
Article 11 of the Workers' Statute is modified, and the situation of gender violence is included as a new case that interrupts the calculation of the duration of the Training and Internship contract.
This new case for interruption for the trial period is also included (article 14 of the Workers' Statute), if there is an agreement between both parties.
Modification of the sanctions regime
Failure to comply with the obligations regarding equality plans established in the Workers' Statute and in the applicable collective agreements is included as a serious sanction.
The rule came into force on March 8, 2019, with the exception of article 2.12 and article 3.3 (which regulate the permissions of the biological mother and for the parent other than the biological mother); and article 7, sections 7 and 8, which will come into force on April 1, 2019.