The reconciliation of work and family life in the Labor Reform

If there is something that both fathers and mothers of minors have dreamed of in this country, it is because of the Reconciling work and family life. There are many countries that facilitate this conciliation a lot, giving parents great facilities to spend as much time working as with their family. And although in Spain, not everything has been achieved that it should have, we can already talk about some key points achieved. At least in what the new labor reform includes.

This Labour reform is approved with the Real Decreto-ley 3/2012 and it gives companies more flexibility to modify the conditions of workers' contracts (remuneration, hours, functions, etc.) unilaterally. This is a counter that does not favor the worker at all, and that is not the object of our article, but we put it to place you in said reform, which was both widely talked about and commented on by the Spanish.

Key points

• As to lactation leave: In the cases of child birth, adoption or foster care in accordance with article 45.1.d) of this Law, for the breastfeeding of the minor until it reaches nine months, the workers will have the right to one hour of absence from work, which they can divide into two fractions. The duration of the leave will be increased proportionally in cases of multiple birth, adoption or foster care. Who exercises this right, by his will, he may replace it by a reduction of his working day by half an hour for the same purpose or accumulate it in full days under the terms provided in the collective bargaining or in the agreement reached with the employer, respecting, where appropriate, what established in that. This permission constitutes an individual right of the workers, men or women, but it can only be exercised by one of the parents if they both work.
• With regards to reduction in working hours, : Who, for reasons of legal guardianship, has in their direct care a minor under eight years of age or a person with physical, mental or sensory disability, who does not carry out a paid activity, will have the right to a reduction in the daily workday, with the decrease proportional salary between at least one eighth and a maximum of half of the duration of that ... For this, the worker, except for force majeure, must give advance notice to the employer fifteen days in advance or that determined in the agreement applicable group, specifying the date on which the breastfeeding leave or the reduction of the working day will begin and end. Discrepancies that arise between the employer and the worker regarding the specific hours and the determination of the periods of enjoyment provided for in sections 4 and 5 of this article will be resolved by the social jurisdiction through the procedure established in article 139 of Law 36/2011. , of October 10, regulating the social jurisdiction.

• As for the vacation not taken due to maternity: The holiday's calendar will be set for each company. The worker will know the dates that correspond to him two months before, at least, the beginning of the enjoyment. When the vacation period set in the company vacation calendar referred to in the preceding paragraph coincides in time with a temporary disability derived from pregnancy, childbirth or natural breastfeeding or with the period of suspension of the planned employment contract in article 48.4 and 48.bis of this Law, you will have the right to enjoy vacations on a date other than that of temporary disability or that of the enjoyment of the permission that by application of said precept corresponds to you, at the end of the suspension period, even if the calendar year to which correspond. In the event that the vacation period coincides with a temporary disability due to contingencies other than those indicated in the previous paragraph that makes it impossible for the worker to enjoy them, totally or partially, during the calendar year to which they correspond, the worker may do so once his or her term ends. disability and provided that no more than eighteen months have elapsed from the end of the year in which they originated.

What do you think of these points in said Labor Reform? Do you think there is still a lot to do in terms of the family and work conciliation of Spaniards? Your opinion matters to us!