Labor intends to extend permits for family matters and extend them to "cohabitants"

Permits to be absent from work for broader family reasons, for reasons that justify them but also for days, probably, and that these also include the right to “cohabitants”. These are two of the keys to a draft law that the Ministry of Labor is preparing and for which it has just opened the public consultation process, which will run until June 28. What advanced five daysand they confirm in Trabajo a este medio, one of the main novelties lies in the intention of the department headed by Yolanda Díaz to extend these justified absences to "cohabitants" within a home, beyond the formal family.

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"Not only family members are extended, but the term 'cohabitants' is also introduced to adapt this permit to the new family realities", they respond to this medium in the Ministry.

The draft bill will aim to transpose two European regulations: directive 2019/1152, "relating to transparent and predictable working conditions in the European Union", and directive 2019/1158, "relating to the reconciliation of family life and the professional life of parents and caregivers”, both dated June 20, 2019.

Absences due to "force majeure" and days of leave

The new European conciliation directive includes among its most outstanding elements a minimum of five days of leave to care for family members. In Spain at the moment, the internal regulations "recognize two days as many times as the causes" of care concur, "which would also fit into the directive," they consider in Work.

In any case, in the Ministry they indicate that the directive recognizes a minimum (five days) and "there are different formulas that are under study." The Ministry of Social Rights, led by Ione Belarra, already proposed at the beginning of February in the Family Law that all workers have seven paid days a year to care for family members.

As for the causes of permits, there is another novelty that could increase the possibility of being absent from work. The directive states "that all workers must retain their right to be absent from work, without prejudice to their labor rights, due to force majeure due to urgent or unexpected family reasons," recalls the Ministry of Labor in the public consultation.

Thirdly, the Ministry also highlights “the possibility that working people who are parents and caregivers can adapt their work schedule –in its different elements– to their personal needs and preferences”. This can translate into an increase in the flexibility of the working day and calendar for the benefit of the worker to guarantee conciliation.

The public consultation of the draft bill recalls that reconciling family life and professional life "continues to be a considerable challenge", especially "due to the growing prevalence of extended working hours and changes in work schedules, which which has a negative impact on female employment”

In this sense, Labor highlights that "it is necessary to strengthen the connection between the right to conciliation and co-responsibility and the right to non-discrimination based on sex".

Contracts and moonlighting

The second directive that wants to be transposed into the same bill, "related to transparent and predictable working conditions in the European Union", aims to update and adapt the list of essential elements that must appear in the employment contract.

Also guarantee a "set of basic rights such as the right to predictability, to parallel employment", without any employer being able to "prohibit a worker from accepting work from other employers outside the work schedule established with said employer, nor subject to a working person to an unfavorable treatment for that reason”, remembers Trabajo.

The European directive also recognizes the right “to transition to other more stable forms of employment and to training for the job for which they have been hired”.

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