Machine Translated by Google CONSOLIDATED LEGISLATION Organic Law 3/2007, of March 22, for the effective equality of women and men. Headquarters of the State «BOE» no. 71, of March 23, 2007 Reference: BOE-A-2007-6115 INDEX Preamble .................................................. ............... 7 PRELIMINARY TITLE. Object and scope of the Law ........................................... 11 Article 1. Object of the Law. .............................................. ....... eleven Article 2. Scope of application. .............................................. eleven TITLE I. The principle of equality and protection against discrimination................................... 12 Article 3. The principle of equal treatment between women and men. ....................... 12 Article 4. Integration of the principle of equality in the interpretation and application of the rules. ......12 Article 5. Equality of treatment and opportunities in access to employment, training and education. professional promotion, and in working conditions. ............................ 12 Article 6. Direct and indirect discrimination. ........................................... 12 Article 7. Sexual harassment and harassment based on sex................................... 12 Article 8. Discrimination due to pregnancy or maternity. ................................ 13 Article 9. Indemnity against retaliation. ........................................... 13 Article 10. Legal consequences of discriminatory conduct. ........................... 13 Article 11. Positive actions. ........................................................... 13 Article 12. Effective judicial protection.................................... .. 13 Article 13. Test. ........................................................... .... 13 TITLE II. Public policies for equality............................................................ 14 CHAPTER I. General principles ........................................... ..... 14 Page 1 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 14. General criteria for action of the Public Powers. ...................... 14 Article 15. Transversality of the principle of equal treatment between women and men.............. 14 Article 16. Appointments made by the Public Powers. ......................... 14 Article 17. Strategic Plan for Equal Opportunities. ............................ fifteen Article 18. Periodic report.............................................. .... fifteen Article 19. Gender impact reports. ....................................... fifteen Article 20. Adequacy of statistics and studies. ................................ fifteen Article 21. Collaboration between public administrations. ........................... fifteen Article 22. Fair time planning actions. .......................... 16 CHAPTER II. Administrative action for equality ........................................... 16 Article 23. Education for the equality of women and men................................... 16 Article 24. Integration of the principle of equality in education policy. .................. 16 Article 25. Equality in the field of higher education. ........................... 16 Article 26. Equality in the field of artistic and intellectual creation and production. ........... 17 Article 27. Integration of the principle of equality in health policy. ........................... 17 Article 28. Information Society. ......................................... 18 Article 29. Sports. ........................................................... ... 18 Article 30. Rural development. ........................................................... 18 Article 31. Urban policies, territorial planning and housing. ......................... 18 Article 32. Spanish development cooperation policy. .......................... 19 Article 33. Public Administration Contracts. .......................... 19 Article 34. Contracts of the General Administration of the State. .......................... 19 Article 35. Public subsidies. ............................................ 19 TITLE III. Equality and the media ........................................... 20 Article 36. Equality in publicly owned social communication media. ............. twenty Article 37. RTVE Corporation. ............................................... twenty Article 38. EFE Agency. ........................................................... twenty Article 39. Equality in privately owned social communication media.............. 20 Article 40. Audiovisual authority. ............................................. twenty-one Article 41. Equality and publicity. ............................................. twenty-one TITLE IV. The right to work with equal opportunities ........................................... 21 Page 2 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CHAPTER I. Equality of treatment and opportunities in the workplace .......................... 21 Article 42. Programs to improve the employability of women. ...................... twenty-one Article 43. Promotion of equality in collective bargaining................................... 21 CHAPTER II. Equality and conciliation .................................................. . twenty-one Article 44. The rights to reconcile personal, family and work life. ................ twenty-one CHAPTER III. Company equality plans and other measures to promote equality ........... 22 Article 45. Preparation and application of equality plans. .......................... 22 Article 46. Concept and content of company equality plans. .................. 22 Article 47. Transparency in the implementation of the equality plan. ........................ 23 Article 48. Specific measures to prevent sexual harassment and harassment based on sex in the worked................................................. ............. 2. 3 Article 49. Support for the voluntary implementation of equality plans. .................... 23 CHAPTER IV. Business distinction in terms of equality ................................ 24 Article 50. Distinction for companies in matters of equality. ......................... 24 TITLE V. The principle of equality in public employment................................... 24 CHAPTER I. Criteria for the action of public administrations................................... 24 Article 51. Criteria for action of public administrations. ....................... 24 CHAPTER II. The principle of balanced presence in the General State Administration and in the public bodies linked to or dependent on it ................................... 25 Article 52. Heads of management bodies. ................................................ 25 Article 53. Selection bodies and Assessment Commissions................................... 25 Article 54. Appointment of representatives of the General State Administration. ............ 25 CHAPTER III. Equality measures in employment for the General State Administration and for the public bodies linked to or dependent on it ................................... 25 Article 55. Gender impact report in public employment access tests. ...........25 Article 56. Permits and benefits for maternity protection and conciliation of personal life, family and work. ........................................................... ....25 Article 57. Conciliation and provision of jobs. ............................. 25 Article 58. Leave for risk during pregnancy and lactation................................... 26 Article 59. Holidays. ........................................................... 26 Article 60. Positive actions in training activities. .......................... 26 Article 61. Training for equality. ......................................... 26 Article 62. Action protocol against sexual harassment and harassment based on sex. .......... 26 Page 3 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 63. Evaluation of equality in public employment................................... 27 Article 64. Equality Plan in the General State Administration and in public bodies linked or dependent on it. ........................................... 27 CHAPTER IV. Armed forces ................................................ ... 27 Article 65. Respect for the principle of equality. ........................................... 27 Article 66. Application of the regulations referring to the personnel of the Public Administrations.......... 27 CHAPTER V. State Security Forces and Corps ................................................ 27 Article 67. Respect for the principle of equality. ........................................... 27 Article 68. Application of the regulations referring to the personnel of the Public Administrations.......... 27 TITLE VI. Equal treatment in access to goods and services and their supply ................................ 28 Article 69. Equal treatment in access to goods and services. .......................... 28 Article 70. Protection in a situation of pregnancy. ................................... 28 Article 71. Actuarial factors. .............................................. 28 Article 72. Consequences of non-compliance with the prohibitions. ....................... 28 TITLE VII. Equality in the social responsibility of companies.................................... 28 Article 73. Actions of social responsibility of companies in matters of equality. .......... 28 Article 74. Advertising of social responsibility actions in matters of equality. .......... 29 Article 75. Participation of women in the Boards of Directors of companies mercantile................................................ .......... 29 TITLE VIII. Organizational provisions ................................................ 29 Article 76. Interministerial Commission for Equality between women and men. .................. 29 Article 77. The Equality Units. ........................................... 29 Article 78. Women's Participation Council. ................................... 29 Additional provisions ................................................ ...... 30 First additional provision. Balanced presence or composition. ....................... 30 Second additional provision. Modification of the Organic Law of the General Electoral System... 30 Third additional provision. Modifications of the Organic Law of the Judiciary. ............. 31 Fourth additional provision. Modification of the Organic Statute of the Public Prosecutor's Office. ............ 33 Fifth additional provision. Modifications of the Law of Civil Procedure. .................. 33 Sixth additional provision. Modifications of the Law regulating the Contentious Jurisdiction Administrative. ........................................................... ...... 3. 4 Seventh additional provision. Modifications of the Law by which it is incorporated into the legal system Spanish legal Directive 89/552/CEE. ................................................ 35 Page 4 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Eighth additional provision. Modifications of the General Health Law. .................. 35 Ninth additional provision. Modifications of the Law of Cohesion and Quality of the National System of Health. ........................................................... ........... 36 Tenth additional provision. Information Society Fund. ................ 36 Eleventh additional provision. Amendments to the consolidated text of the Law on the Statute of Workers. ........................................................... ......36 Twelfth additional provision. Amendments to the Law on Prevention of Occupational Risks...... 43 Thirteenth additional provision. Modifications of the Law of Labor Procedure.............. 43 Fourteenth additional provision. Modifications of the Law of Infractions and Sanctions of the Order Social. ........................................................... ........... 46 Fifteenth additional provision. Modification of the Royal Decree Law that regulates the bonuses of Social Security contributions of the interim contracts that are celebrated with unemployed people to replace workers during periods of rest due to maternity, adoption or foster care...... ........................................... 47 Sixteenth additional provision. Amendments to the Law on Urgent Measures to Reform the Labor Market to increase employment and improve its quality. ...............48 Seventeenth additional provision. Modifications of the Employment Law. ................... 48 Eighteenth additional provision. Modifications of the General Law of Social Security. .......49 Nineteenth additional provision. Amendments to the Law on Measures for the Reform of the Public function................................................ ........ 56 Twenty additional provision. Amendments to the Law on the Regime of Forces Personnel Armed. ........................................................... .........58 Twenty-first additional provision. Modifications of the Law of Civil Servants of the State. . . 59 Twenty-second additional provision. Modification of Law 55/2003, of the Framework Statute of the Statutory Staff of Health Services. ................................... 60 Twenty-third additional provision. ........................................... 60 Twenty-fourth additional provision. Amendments to the Body Personnel Regime Law of the Civil Guard. ........................................................... ... 60 Twenty-fifth additional provision. Modification of the General Law for the Defense of Consumers and Users. ................................................ 61 Twenty-sixth additional provision. Modification of the Corporations Law. ........... 61 Twenty-seventh additional provision. Amendments to the Law creating the Women's Institute. . 61 Twenty-eighth additional provision. Appointment of the Women's Institute. ...................... 62 Twenty-ninth additional provision. ........................................... 62 Thirtieth additional provision. Amendments to the Law on the Organization of the Special Penitentiary Corps and the Creation of the Corps of Penitentiary Institutions Assistants............ 62 Thirty-first additional provision. Extension to other groups. ...................... 62 Page 5 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Transitory dispositions ................................................ ...... 62 First transitional provision. Temporary regime of appointments. ........................... 62 Second transitory provision. Regulatory regulation of transience in relation to the distinctive equality business. ........................................... 62 Third transitory provision. Transitional regime of procedures. ...................... 63 Fourth transitory provision. Regime of application of the duty to negotiate in matters of equality.... 63 Fifth transitory provision. Mortality and survival tables. ....................... 63 Sixth transitory provision. Retroactivity of effects for conciliation measures. ............ 63 Seventh transitory provision. Transitional regime of the new rights in terms of maternity, paternity, risk during pregnancy and consideration as quoted for Social Security purposes for certain periods. ............................................ 63 Eighth transitory provision. Transitional regime of the unemployment subsidy. ................ 63 Ninth transitory provision. Extension of the suspension of the employment contract. .............63 Tenth transitory provision. Deployment of gender impact. ........................ 63 Eleventh transitory provision. ........................................... 64 Twelfth transitory provision. Gradual application of articles 45 and 46 in the wording by Royal Decree-Law 6/2019, of March 1, of urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation. ..............64 Repealing provisions ........................................................... ..... 64 Sole derogatory provision.................................................... .. 64 Final provisions ................................................ ......... 64 First final provision. Constitutional Basis................................... 64 Second final provision. Nature of the Law............................................. 65 Third final provision. Regulatory authorizations. .......................... 65 Fourth final provision. Transposition of Directives. ........................................... 65 Fifth final provision. Equality plans and collective bargaining. ....................... 65 Sixth final provision. Implementation of preventive measures for sexual harassment and harassment by sex ratio in the General State Administration. ............................. 65 Seventh final provision. Measures to enable maternity and paternity leave for women people who hold elected office. ......................................... 65 Eighth final provision. Entry into force. ......................................... 66 Page 6 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CONSOLIDATED TEXT Last modified: March 7, 2019 JUAN CARLOS I KING OF SPAIN All those who were present saw and understood. Know: That the Cortes Generales have approved and I hereby sanction the following Organic Law. STATEMENT OF MOTIVES Yo Article 14 of the Spanish Constitution proclaims the right to equality and non-discrimination based on sex. For its part, article 9.2 enshrines the obligation of the public powers to promote the conditions so that the equality of the individual and of the groups in which they are integrated are real and effective. Equality between women and men is a universal legal principle recognized in various international texts on human rights, among which the Convention on the Elimination of All Forms of Discrimination against Women, approved by the United Nations General Assembly in December 1979 and ratified by Spain in 1983. In this same area, it is appropriate to evoke the advances introduced by monographic world conferences, such as Nairobi in 1985 and Beijing in 1995. Equality is also a fundamental principle in the European Union. Since the entry into force of the Treaty of Amsterdam, on May 1, 1999, equality between women and men and the elimination of inequalities between them are an objective that must be integrated into all the policies and actions of the Union and of its members. Under the protection of the old article 111 of the Treaty of Rome, a community acquis on equality of the sexes of great breadth and importance has been developed, the adequate transposition of which is addressed, to a large extent, by this Law. In particular, this Law incorporates to the Spanish legal system two directives on equal treatment, 2002/73/EC, amending Directive 76/207/EEC, on the application of the principle of equal treatment between men and women with regard to access to employment, professional training and promotion, and working conditions; and Directive 2004/113/EC, on the application of the principle of equal treatment between men and women in access to and supply of goods and services. II The full recognition of formal equality before the law, even though it was undoubtedly a decisive step, has turned out to be insufficient. Gender violence, wage discrimination, discrimination in widow's pensions, higher female unemployment, the still scarce presence of women in positions of political, social, cultural and economic responsibility, or the problems of reconciling personal life , work and family show how full, effective equality between women and men, that "perfect equality that does not admit power or privilege for some or disability for others", in words written by John Stuart Mill almost 140 years ago, is still today a pending task that requires new legal instruments. It is necessary, in fact, a normative action aimed at combating all the still subsisting manifestations of discrimination, direct or indirect, by reason of sex and promoting real equality between women and men, with the removal of obstacles and social stereotypes that prevent it from being achieved. This requirement is derived from our constitutional order and integrates a genuine right of women, but it is at the same time Page 7 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION an element of enrichment of the Spanish society itself, which will contribute to economic development and increased employment. Special consideration is also contemplated with cases of double discrimination and the unique difficulties encountered by women who are especially vulnerable, such as those belonging to minorities, migrant women and women with disabilities. III The greatest novelty of this Law lies, however, in the prevention of these discriminatory behaviors and in the provision of active policies to make the principle of equality effective. Such an option necessarily implies a projection of the principle of equality on the various spheres of the ordering of social, cultural and artistic reality in which inequality can be generated or perpetuated. Hence the consideration of the transversal dimension of equality, hallmark of modern anti-discrimination law, as a fundamental principle of this text. The Law refers to the generality of public policies in Spain, both state and regional and local. And it does so under the constitutional attribution to the State of the competence to regulate the basic conditions that guarantee the equality of all Spanish men and women in the exercise of constitutional rights, although it contains a more detailed regulation in those areas of competence, basic or full legislative, of the State. The complexity that derives from the horizontal scope of the principle of equality is also expressed in the structure of the Law. This deals in its articles with the general projection of the principle in the different regulatory areas, and specifies in its additional provisions the corresponding modification of the very diverse laws that are affected. In this way, the Law was born with the vocation of establishing itself as the law-code of equality between women and men. The general organization of public policies, from the perspective of the principle of equality and the gender perspective, is reflected in the establishment of action criteria for all public powers in which it is actively integrated, in an express and operational way, said beginning; and with a specific or sectoral nature, guidelines that favor equality are also incorporated in policies such as education, health, artistic and cultural, information society, rural development or housing, sports, culture, land use planning or international cooperation for development. Basic instruments will be, in this sense, and within the scope of the General State Administration, a Strategic Plan for Equal Opportunities, the creation of an Interministerial Commission for Equality with coordination responsibilities, gender impact reports, whose mandatory It extends from legal regulations to plans of special economic and social relevance, and periodic reports or evaluations on the effectiveness of the principle of equality. It is also worth noting that the Law provides, in order to achieve this real effective equality between women and men, a general framework for the adoption of the so-called positive actions. In this sense, a mandate is addressed to all public powers to remove situations of verifiable factual inequality, which cannot be corrected by the sole formulation of the principle of legal or formal equality. And insofar as these actions may entail the formulation of an unequal right in favor of women, precautions and conditions are established to ensure their constitutional legality. The achievement of real and effective equality in our society requires not only the commitment of public subjects, but also their determined promotion in the sphere of relations between individuals. The regulation of access to goods and services is the object of attention by the Law, combining the principles of freedom and contractual autonomy with the promotion of equality between women and men. It has also been deemed convenient to establish certain measures to promote effective equality in private companies, such as those that are included in matters of contracting or public subsidies or in reference to boards of directors. The Law pays special attention to the correction of inequality in the specific field of labor relations. Through a series of provisions, the right to page 8 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION reconciling personal, family and work life and promoting greater co-responsibility between women and men in the assumption of family obligations, inspiring criteria for the entire regulation that find their most significant concretion here. The Law aims to promote the adoption of specific measures in favor of equality in companies, placing them within the framework of collective bargaining, so that the parties, freely and responsibly, agree on its content. Within the same field of employment, but with its own characteristics, specific measures are consigned in the Law on selection processes and for the provision of jobs within the General State Administration. And the projection of equality extends to the Security Forces and Bodies and the Armed Forces. The concern for the scope of effective equality in our society could not be left out of the field of political participation, both at the state level and at the regional and local levels, as well as in its projection of international development cooperation policy . The so-called principle of balanced presence or composition in the Law, with which it is sought to ensure a sufficiently significant representation of both sexes in bodies and positions of responsibility, is thus also carried over to the regulations governing the general electoral system, opting for a formula with adequate flexibility to reconcile the requirements derived from articles 9.2 and 14 of the Constitution with those of the right to passive suffrage included in article 23 of the same constitutional text. In this way, the recent international texts on the matter are assumed and progress is made on the path of guaranteeing a balanced presence of women and men in the field of political representation, with the fundamental objective of improving the quality of that representation and with it of our own democracy. IV The Law is structured in a preliminary Title, eight Titles, thirty-one additional provisions, eleven transitory provisions, a derogatory provision and eight final provisions. The Preliminary Title establishes the purpose and scope of application of the Law. The First Title defines, following the indications of the Directives of reference, the basic legal concepts and categories related to equality, such as those of direct and indirect discrimination, sexual harassment and harassment based on sex, and positive actions. Likewise, it determines the legal consequences of discriminatory conduct and incorporates procedural guarantees to reinforce the judicial protection of the right to equality. In the Second Title, First Chapter, the general guidelines for action of the public authorities in relation to equality are established, the principle of transversality and the instruments for its integration in the preparation, execution and application of the regulations are defined. The principle of balanced presence of women and men on electoral lists and in appointments made by public authorities is also enshrined, with the consequent modifications in the Additional Provisions of the Electoral Law, regulating, likewise, gender impact reports and public planning of actions in favor of equality, which in the General State Administration will be reflected in a Strategic Plan for Equal Opportunities. Chapter II of this Title establishes the orientation criteria for public policies in matters of education, culture and health. Also contemplated is the promotion of the incorporation of women into the information society, the inclusion of effective equality measures in policies for access to housing, and in those for the development of rural areas. Title III contains measures to promote equality in the media, with specific rules for those of public ownership, as well as instruments to control advertising with discriminatory content. Title IV deals with the right to work with equal opportunities, incorporating measures to guarantee equality between women and men in access to employment, in professional training and promotion, and in working conditions. It also includes, among the labor rights of male and female workers, protection against sexual harassment and harassment based on sex. Page 9 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION In addition to the general duty of companies to respect the principle of equality in the workplace, it specifically contemplates the duty to negotiate equality plans in companies with more than two hundred and fifty workers. The relevance of the instrument of equality plans also explains the forecast of promoting its voluntary implementation in small and medium-sized companies. To favor the incorporation of women into the labor market, an objective is established to improve access and permanence in employment for women, enhancing their educational level and their adaptability to the requirements of the labor market through their possible consideration as a group priority population of active employment policies. Likewise, the law includes a series of specific social and labor measures, which are regulated in the different additional provisions of the Law. The most innovative measure to promote the reconciliation of personal, family and work life is the thirteen-day paternity leave, which can be extended in the event of a multiple birth by two more days for each son or daughter from the second. It is an individual and exclusive right of the father, which is recognized both in cases of biological paternity and in those of adoption and foster care. Improvements are also introduced in the current maternity leave, extending it by two weeks for the cases of a son or daughter with a disability, both parents being able to make use of this extension indistinctly. These same improvements are also introduced for male and female workers self-employed and other special Social Security regimes. In relation to the reduction of working hours due to legal guardianship, the maximum age of the minor who entitles the reduction is extended, on the one hand, from six to eight years, and it is reduced, on the other, to one eighth of the working day. the minimum limit of said reduction. The minimum duration of voluntary leave is also reduced to four months and the maximum duration of leave for family care is extended from one to two years. The possibility that both child care leave and family care leave may be taken in installments is recognised. Likewise, the infractions and sanctions and the control mechanisms for non-compliance in terms of non-discrimination are adapted, and the role of the Labor and Social Security Inspectorate is reinforced. Particularly new in this area is the possibility of commuting ancillary sanctions for the establishment of Equality Plans. The modifications in labor matters entail the introduction of some novelties in the field of Social Security, included in the Additional Provisions of the Law. Among them, the relaxation of the prior contribution requirements for access to the maternity benefit, the recognition of a new subsidy for the same cause for workers who do not prove said requirements or the creation of the financial benefit for paternity should be highlighted. Title V, in its Chapter I, regulates the principle of equality in public employment, establishing the general criteria for action in favor of equality for all public administrations and, in its Chapter II, the balanced presence of women and men in the appointments of management bodies of the General State Administration, which also applies to the personnel selection and assessment bodies and in the appointments of members of collegiate bodies, committees and boards of directors of companies in whose capital said Administration participates. Chapter III of this Title is devoted to measures of equality in employment within the scope of the General State Administration, in an analogous sense to that provided for labor relations in the private sector, and with the specific provision of the mandate of Approval of a protocol for action against sexual and gender-based harassment. Chapters IV and V specifically regulate respect for the principle of equality in the Armed Forces and in the State Security Forces and Bodies. Title VI of the Law is dedicated to equal treatment in access to goods and services, with special reference to insurance. Title VII contemplates the voluntary performance of social responsibility actions by companies in matters of equality, which may also be the object of agreement with the representation of workers, consumer organizations, associations for the defense of equality or equality bodies. Specifically, the use of these actions for advertising purposes is regulated. Page 10 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION In this Title, and within the framework of corporate social responsibility, the promotion of the balanced presence of women and men on the boards of directors of commercial companies has been included, granting a reasonable period for this. The purpose of this measure is that the prevailing criterion in the incorporation of directors is talent and professional performance, since, for the process to be governed by the criterion of impartiality, gender should not constitute an obstacle as a factor of choice. Title VIII of the Law establishes a series of organizational provisions, with the creation of an Interministerial Commission for Equality between women and men and the Equality Units in each Ministry. Together with the above, the Law establishes a Women's Participation Council, as a collegiate body that must serve as a channel for institutional participation in these matters. As stated above, the additional provisions include the various modifications of precepts of current Laws necessary for their accommodation to the requirements and provisions derived from this Law. Together with these modifications of the legal system, specific regulations are also included to define the principle of composition or balanced presence, create a fund in matters of the information society, new cases of nullity of certain terminations of the employment relationship, designate the Women's Institute for the purposes of the Directives subject to incorporation. The transitory provisions establish the regime temporarily applicable to certain aspects of the Law, such as those related to appointments and procedures, preventive measures against harassment in the General State Administration, the business distinction in matters of equality, the mortality and survival tables, the new maternity and paternity rights, the balanced composition of the electoral lists, as well as the negotiation of new collective agreements. The final provisions refer to the nature of the Law, its constitutional basis and its relationship with the community system, enable the regulatory development, establish the dates of its entry into force and a mandate to evaluate the results of collective bargaining. in terms of equality. PRELIMINARY TITLE Purpose and scope of the Law Article 1. Object of the Law. 1. Women and men are equal in human dignity, and equal in rights and duties. The purpose of this Law is to make effective the right to equal treatment and opportunities between women and men, in particular by eliminating discrimination against women, whatever their circumstance or condition, in any of the areas of life and , singularly, in the political, civil, labor, economic, social and cultural spheres in order, in the development of articles 9.2 and 14 of the Constitution, to achieve a more democratic, fairer and more supportive society. 2. For these purposes, the Law establishes principles of action of the Public Powers, regulates the rights and duties of natural and legal persons, both public and private, and provides measures aimed at eliminating and correcting in the public and private sectors, all forms of discrimination based on sex. Article 2. Scope of application. 1. All persons shall enjoy the rights derived from the principle of equality of treatment and the prohibition of discrimination on grounds of sex. 2. The obligations established in this Law shall apply to any person, natural or legal, who is or acts in Spanish territory, whatever their nationality, domicile or residence. Page 11 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION TITLE I The principle of equality and protection against discrimination Article 3. The principle of equal treatment between women and men. The principle of equal treatment between women and men supposes the absence of any discrimination, direct or indirect, based on sex, and, especially, those derived from maternity, the assumption of family obligations and marital status. Article 4. Integration of the principle of equality in the interpretation and application of the rules. Equal treatment and opportunities between women and men is an informing principle of the legal system and, as such, will be integrated and observed in the interpretation and application of legal regulations. Article 5. Equality of treatment and opportunities in access to employment, in professional training and promotion, and in working conditions. The principle of equal treatment and opportunities between women and men, applicable in the field of private employment and in public employment, will be guaranteed, in the terms provided in the applicable regulations, in access to employment, including work for self-employment, in professional training, in professional promotion, in working conditions, including remuneration and dismissal, and in affiliation and participation in trade union and business organizations, or in any organization whose members exercise a specific profession , including the benefits granted by them. A difference in treatment based on a characteristic related to sex shall not constitute discrimination in access to employment, including the necessary training, when, due to the nature of the specific professional activities or the context in which they are carried out, said characteristic constitutes an essential and determining professional requirement, as long as the objective is legitimate and the requirement is proportionate. Article 6. Direct and indirect discrimination. 1. Direct discrimination based on sex is considered to be the situation in which a person finds himself or herself who is, has been or could be treated, based on their sex, less favorably than another in a comparable situation. 2. Indirect discrimination based on sex is considered to be the situation in which an apparently neutral provision, criterion or practice puts persons of one sex at a particular disadvantage with respect to persons of the other, unless said provision, criterion or practice can be objectively justified in attention to a legitimate purpose and that the means to achieve said purpose are necessary and adequate. 3. In any case, any order to discriminate, directly or indirectly, on grounds of sex is considered discriminatory. Article 7. Sexual harassment and harassment based on sex. 1. Without prejudice to the provisions of the Penal Code, for the purposes of this Law, sexual harassment is any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of violating the dignity of a person, in particular when creating an intimidating, demeaning or offensive environment. 2. Harassment based on sex is any behavior carried out based on a person's sex, with the purpose or effect of violating their dignity and creating an intimidating, degrading or offensive environment. 3. In all cases, sexual harassment and harassment based on gender will be considered discriminatory. sex. Page 12 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 4. The conditioning of a right or an expectation of a right to the acceptance of a situation constituting sexual harassment or harassment based on sex shall also be considered an act of discrimination based on sex. Article 8. Discrimination due to pregnancy or maternity. Direct discrimination based on sex constitutes any unfavorable treatment of women. related to pregnancy or maternity. Article 9. Indemnity against retaliation. Any adverse treatment or negative effect that occurs in a person as a result of the presentation by him of a complaint, claim, complaint, demand or resource, of any type, aimed at preventing discrimination and demanding effective compliance with the principle of equal treatment between women and men. Article 10. Legal consequences of discriminatory conduct. The acts and clauses of legal transactions that constitute or cause discrimination based on sex will be considered null and void, and will give rise to liability through a system of reparations or compensation that is real, effective and proportionate to the damage suffered, as well as, where appropriate, through an effective and dissuasive system of sanctions that prevents the performance of discriminatory conduct. Article 11. Positive actions. 1. In order to make the constitutional right of equality effective, the Public Powers will adopt specific measures in favor of women to correct obvious situations of de facto inequality with respect to men. Such measures, which will be applicable as long as said situations persist, must be reasonable and proportionate in relation to the objective pursued in each case. 2. Private individuals and legal entities may also adopt this type of measure in the terms established in this Law. Article 12. Effective judicial protection. 1. Any person may request from the courts the protection of the right to equality between women and men, in accordance with the provisions of article 53.2 of the Constitution, even after the termination of the relationship in which the discrimination has allegedly occurred. . 2. The capacity and legitimacy to intervene in civil, social and contentious-administrative processes that deal with the defense of this right correspond to natural and legal persons with legitimate interest, determined in the Laws regulating these processes. 3. The harassed person will be the only one entitled in litigation on sexual harassment and harassment based on sex. Article 13. Test. 1. In accordance with the Procedural Laws, in those procedures in which the plaintiff's allegations are based on discriminatory actions, based on sex, it will be up to the defendant to prove the absence of discrimination in the measures adopted and their proportionality. For the purposes of the provisions of the preceding paragraph, the judicial body, at the request of a party, may request, if it deems it useful and pertinent, a report or opinion from the competent public bodies. 2. The provisions of the preceding section shall not apply to criminal proceedings. Page 13 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION TITLE II Public policies for equality CHAPTER I General principles Article 14. General criteria for action of the Public Powers. For the purposes of this Law, the following will be general criteria for action by the Public Powers: 1. The commitment to the effectiveness of the constitutional right of equality between women and men. 2. The integration of the principle of equal treatment and opportunities in all economic, labor, social, cultural and artistic policies, in order to avoid job segregation and eliminate pay differences, as well as promote the growth of the business community feminine in all areas that encompass the set of policies and the value of women's work, including domestic work. 3. Collaboration and cooperation between the different public Administrations in the application of the principle of equal treatment and opportunities. 4. The balanced participation of women and men in electoral candidacies and in decision-making. 5. The adoption of the necessary measures to eradicate gender violence, family violence and all forms of sexual harassment and harassment based on sex. 6. Consideration of the unique difficulties faced by women from groups of special vulnerability, such as those belonging to minorities, migrant women, girls, women with disabilities, older women, widowed women and women victims of gender violence, for which the public authorities may also adopt positive action measures. 7. The protection of maternity, with special attention to the assumption by society of the effects derived from pregnancy, childbirth and lactation. 8. The establishment of measures that ensure the reconciliation of work and personal and family life of women and men, as well as the promotion of co-responsibility in domestic work and family care. 9. The promotion of collaboration instruments between the different Administrations public and social agents, women's associations and other private entities. 10. The promotion of the effectiveness of the principle of equality between women and men in relationships between individuals. 11. The implementation of a non-sexist language in the administrative sphere and its promotion in all social, cultural and artistic relations. 12. All the points considered in this article will be promoted and integrated equally way in the Spanish policy of international cooperation for development. Article 15. Transversality of the principle of equal treatment between women and men. The principle of equal treatment and opportunities between women and men will inform, on a cross- cutting basis, the actions of all Public Powers. The Public Administrations will integrate it, actively, in the adoption and execution of its regulatory provisions, in the definition and budgeting of public policies in all areas and in the development of all its activities. Article 16. Appointments made by the Public Powers. The Public Powers will try to attend to the principle of balanced presence of women and men in the appointments and designations of the positions of responsibility that correspond to them. page 14 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 17. Strategic Plan for Equal Opportunities. The Government, in matters that fall within the competence of the State, will periodically approve a Strategic Plan for Equal Opportunities, which will include measures to achieve the goal of equality between women and men and eliminate discrimination based on sex. Article 18. Periodic report. In the terms determined by regulation, the Government will prepare a periodic report on all its actions in relation to the effectiveness of the principle of equality between women and men. The Cortes Generales will be informed of this report. Article 19. Gender impact reports. Draft provisions of a general nature and plans of special economic, social, cultural and artistic relevance that are submitted for approval by the Council of Ministers must include a report on their impact by reason of gender. Article 20. Adequacy of statistics and studies. In order to make effective the provisions contained in this Law and to guarantee the effective integration of the gender perspective in their ordinary activity, the public authorities, in the preparation of their studies and statistics, must: a) Systematically include the gender variable in the statistics, surveys and data collection that they carry out. b) Establish and include new indicators in statistical operations that enable a better understanding of the differences in values, roles, situations, conditions, aspirations and needs of women and men, their manifestation and interaction in the reality to be analyzed. c) Design and introduce the necessary indicators and mechanisms that allow knowledge of the incidence of other variables whose concurrence results in situations of multiple discrimination in the different areas of intervention. d) Make samples large enough so that the various variables included can be exploited and analyzed based on the gender variable. e) Exploit the data available so that the different situations, conditions, aspirations and needs of women and men in the different areas of intervention can be known. f) Review and, where appropriate, adapt existing statistical definitions in order to contribute to the recognition and appreciation of women's work and avoid negative stereotyping of certain groups of women. Only exceptionally, and through a reasoned report approved by the competent body, may non-compliance with any of the aforementioned obligations be justified. Article 21. Collaboration between public administrations. 1. The General State Administration and the Administrations of the Autonomous Communities will cooperate to integrate the right to equality between women and men in the exercise of their respective powers and, in particular, in their planning actions. Joint action plans and programs may be adopted within the Women's Sectoral Conference for this purpose. 2. The Local Entities will integrate the right of equality in the exercise of their competences and will collaborate, for this purpose, with the rest of the public administrations. Page 15 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 22. Fair time planning actions. In order to move towards an equitable distribution of time between women and men, local corporations may establish Municipal Plans for the organization of time in the city. Without prejudice to the powers of the Autonomous Communities, the State may provide technical assistance for the preparation of these plans. CHAPTER II Administrative action for equality Article 23. Education for the equality of women and men. The education system will include among its goals education in respect for fundamental rights and freedoms and in equal rights and opportunities between women and men. Likewise, the education system will include, within its quality principles, the elimination of obstacles that hinder effective equality between women and men and the promotion of full equality between them. Article 24. Integration of the principle of equality in education policy. 1. The Educational Administrations will guarantee an equal right to education for women and men through the active integration, in the educational objectives and actions, of the principle of equal treatment, avoiding that, due to sexist behavior or social stereotypes, associates, there are inequalities between women and men. 2. The educational administrations, within the scope of their respective powers, To this end, the following actions will be carried out: a) Special attention in curricula and in all educational stages to the principle of equality between women and men. b) The elimination and rejection of sexist behaviors and content and stereotypes that involve discrimination between women and men, with special consideration for this in textbooks and educational materials. c) The integration of the study and application of the principle of equality in the courses and programs for the initial and permanent training of teachers. d) The promotion of the balanced presence of women and men in the organs of control and governance of educational centers. e) Cooperation with the rest of the educational Administrations for the development of projects and programs aimed at promoting knowledge and dissemination, among the people of the educational community, of the principles of coeducation and effective equality between women and men. f) The establishment of educational measures aimed at recognizing and teaching of the role of women in history. Article 25. Equality in the field of higher education. 1. In the field of higher education, public administrations in the exercise of their respective powers will promote teaching and research on the meaning and scope of equality between women and men. 2. In particular, and for this purpose, the Public Administrations will promote: a) The inclusion, in the appropriate study plans, of teachings on equality between women and men. b) The creation of specific postgraduate courses. c) Carrying out specialized studies and research on the subject. Page 16 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 26. Equality in the field of artistic and intellectual creation and production. 1. The public authorities, within the scope of their powers, shall ensure that the principle of equal treatment and opportunities between women and men is enforced in all matters relating to artistic and intellectual creation and production and its dissemination. 2. The different bodies, agencies, entities and other structures of the public administrations that directly or indirectly make up the cultural management system, will carry out the following actions: a) Adopt initiatives aimed at favoring the specific promotion of women in culture and combat its structural and/or diffuse discrimination. b) Active policies to help the creation and artistic and intellectual production of female authorship, translated into incentives of an economic nature, in order to create the conditions for effective equal opportunities to occur. c) Promote the balanced presence of women and men in the public artistic and cultural offer. d) That balanced representation in the different bodies be respected and guaranteed. advisory, scientific and decision-making bodies in the artistic and cultural organization chart. e) Adopt positive action measures for the artistic and intellectual creation and production of women, fostering cultural, intellectual and artistic exchange, both national and international, and the signing of agreements with the competent bodies. f) In general and under the protection of article 11 of this Law, all positive actions necessary to correct situations of inequality in the intellectual, artistic and cultural production and creation of women. Article 27. Integration of the principle of equality in health policy. 1. Health policies, strategies and programs will integrate, in their formulation, development and evaluation, the different needs of women and men and the necessary measures to adequately address them. 2. The Public Administrations will guarantee an equal right to health for women and men, through the active integration, in the objectives and actions of the health policy, of the principle of equal treatment, avoiding that due to their differences biological or due to associated social stereotypes, discrimination between them occurs. 3. Public Administrations, through their Health Services and the competent bodies in each case, will develop, in accordance with the principle of equal opportunities, the following actions: a) The systematic adoption, within health education actions, of initiatives aimed at favoring the specific promotion of women's health, as well as preventing their discrimination. b) The promotion of scientific research that addresses the differences between women and men in relation to the protection of their health, especially with regard to accessibility and diagnostic and therapeutic effort, both in its aspects of clinical trials and care. c) Consideration, within the protection, promotion and improvement of occupational health, of the sexual harassment and harassment based on sex. d) The integration of the principle of equality in the training of personnel at the service of health organizations, guaranteeing in particular their ability to detect and deal with situations of gender violence. e) The balanced presence of women and men in managerial and professional responsibility positions in the National Health System as a whole. f) Obtaining and processing disaggregated by sex, whenever possible, of the data contained in records, surveys, statistics or other medical and health information systems. Page 17 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Article 28. Information Society. 1. All public programs for the development of the Information Society will incorporate the effective consideration of the principle of equal opportunities between women and men in their design and execution. 2. The Government will promote the full incorporation of women in the Information Society through the development of specific programs, especially in terms of access and training in information and communication technologies, contemplating those of groups at risk of exclusion and rural areas. 3. The Government will promote content created by women in the field of Society of Information. 4. In projects in the field of information and communication technologies financed totally or partially with public money, it will be guaranteed that their language and contents are non-sexist. Article 29. Sports. 1. All public sports development programs will incorporate the effective consideration of the principle of real and effective equality between women and men in their design and execution. 2. The Government will promote women's sports and will favor the effective opening of sports disciplines to women, through the development of specific programs at all stages of life and at all levels, including those of responsibility and decision. Article 30. Rural development. 1. In order to make equality between women and men effective in the agricultural sector, the Ministry of Agriculture, Fisheries and Food and the Ministry of Labor and Social Affairs will develop the legal figure of shared ownership, so that the rights of women in the agricultural sector, the corresponding Social Security protection, as well as recognition of their work. 2. Actions aimed at developing the rural environment will include actions aimed at improving the educational and training level of women, and especially those that favor their incorporation into the labor market and into the management bodies of companies and associations. 3. The Public Administrations will promote new labor activities that favor the work of women in the rural world. 4. Public Administrations will promote the development of a network of social services to care for minors, the elderly and dependents as a measure to reconcile work, family and personal life for men and women in rural areas. 5. The public powers will promote equal opportunities in access to information and communication technologies through the use of policies and activities aimed at rural women, and the application of alternative technological solutions wherever the extension of these technologies does not may be possible. Article 31. Urban policies, territorial planning and housing. 1. The policies and plans of the Public Administrations in terms of access to housing will include measures aimed at making the principle of equality between women and men effective. In the same way, urban and territorial planning policies will take into account the needs of the different social groups and the different types of family structures, and will favor equal access to the different urban services and infrastructures. 2. The Government, within the scope of its powers, will promote access to housing for women in need or at risk of exclusion, and for those who have been victims of gender-based violence, especially when, in both cases, have minor children exclusively under their care. page 18 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 3. The Public Administrations will take into account the gender perspective in the design of the city, in urban policies, in the definition and execution of urban planning, using for this, especially, mechanisms and instruments that promote and favor citizen participation. and transparency. Article 32. Spanish development cooperation policy. 1. All policies, plans, strategic planning documents, both sectoral and geographical, and operational programming tools of Spanish cooperation for development, will include the principle of equality between women and men as a substantial element in their agenda of priorities, and they will receive a transversal and specific priority treatment in their contents, contemplating concrete measures for the monitoring and evaluation of achievements for effective equality in Spanish development cooperation. 2. In addition, a Sectoral Strategy for Equality between women and men will be drawn up for Spanish cooperation, which will be periodically updated based on the achievements and lessons learned in previous processes. 3. The Spanish Administration will propose a progressive process, in the medium term, for the effective integration of the principle of equality and the gender approach in development (GED), at all levels of its management, which makes the application of the Strategy possible and effective. Sectoral Equality between women and men, which includes specific actions to achieve transversality in the actions of Spanish cooperation, and the promotion of positive action measures that favor significant changes in the implementation of the principle of equality, both within the Administration and in the development mandate of Spanish cooperation itself. Article 33. Public Administration Contracts. The Public Administrations, within the scope of their respective powers, through their contracting bodies and, in relation to the execution of the contracts they conclude, may establish special conditions in order to promote equality between women and men in the market. of work, in accordance with the provisions of the legislation on public sector contracts. Article 34. Contracts of the General Administration of the State. 1. Annually, the Council of Ministers, in view of the evolution and impact of equality policies in the labor market, will determine the contracts of the General State Administration and its public bodies that must necessarily include among their execution conditions measures aimed at promoting effective equality between women and men in the labor market, in accordance with the provisions of the legislation on public sector contracts. In the Agreement referred to in the preceding paragraph, the characteristics of the conditions that must be included in the specifications may be established, depending on the nature of the contracts and the sector of activity where the benefits are generated. 2. The contracting authorities may establish in the particular administrative clause specifications the preference in the award of contracts for the proposals presented by those companies that, at the time of proving their technical or professional solvency, comply with the guidelines of the previous section. , provided that these proposals are equal in their terms to the most advantageous from the point of view of the objective criteria that serve as the basis for the award and respecting, in any case, the priority established in the first section of the eighth additional provision of the Text Consolidation of the Public Administration Contract Law, approved by Royal Legislative Decree 2/2000, of June 16. Article 35. Public subsidies. The Public Administrations, in the strategic subsidy plans that they adopt in the exercise of their powers, will determine the areas in which, due to the existence of a situation of inequality of opportunities between women and men, the Page 19 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION regulatory bases of the corresponding subsidies may include the assessment of actions of effective achievement of equality by the requesting entities. For these purposes, measures to reconcile personal, work and family life, the social responsibility of the company, or the obtaining of the business distinction in matters of equality regulated in Chapter IV of Title IV of this Law may be assessed, among others. Law. TITLE III Equality and media Article 36. Equality in publicly owned social communication media. The publicly owned social communication media will ensure the transmission of an equal, plural and non-stereotyped image of women and men in society, and will promote awareness and dissemination of the principle of equality between women and men. Article 37. RTVE Corporation. 1. The RTVE Corporation, in the exercise of its public service function, will pursue in its programming the following objectives: a) Adequately reflect the presence of women in the various spheres of social life. b) Use language in a non-sexist way. c) Adopt, through self-regulation, codes of conduct aimed at transmitting the content of the principle of equality. d) Collaborate with institutional campaigns aimed at promoting equality between women and men and eradicating gender violence. 2. The RTVE Corporation will promote the incorporation of women into positions of managerial and professional responsibility. Likewise, it will promote relations with women's associations and groups to identify their needs and interests in the field of communication. Article 38. EFE Agency. 1. In the exercise of its activities, the EFE Agency will ensure respect for the principle of equality between women and men and, in particular, for the non-sexist use of language, and will pursue the following objectives in its actions: a) Adequately reflect the presence of women in the various spheres of social life. b) Use language in a non-sexist way. c) Adopt, through self-regulation, codes of conduct aimed at transmitting the content of the principle of equality. d) Collaborate with institutional campaigns aimed at promoting equality between women and men and eradicating gender violence. 2. The EFE Agency will promote the incorporation of women into positions of managerial and professional responsibility. Likewise, it will promote relations with women's associations and groups to identify their needs and interests in the field of communication. Article 39. Equality in privately owned social communication media. 1. All media will respect equality between women and men, avoiding any form of discrimination. 2. Public Administrations will promote the adoption by the media of self-regulatory agreements that contribute to compliance with the page 20 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION legislation on equality between women and men, including sales and advertising activities carried out therein. Article 40. Audiovisual authority. The Authorities that are responsible for ensuring that the audiovisual media comply with their obligations will adopt the appropriate measures, in accordance with their regulations, to ensure treatment of women in accordance with constitutional principles and values. Article 41. Equality and publicity. Advertising that involves discriminatory behavior in accordance with this Law will be considered illicit advertising, in accordance with the provisions of the general legislation on advertising and institutional advertising and communication. TITLE IV The right to work with equal opportunities CHAPTER I Equal treatment and opportunities in the workplace Article 42. Programs to improve the employability of women. 1. One of the priority objectives of employment policies will be to increase the participation of women in the labor market and advance effective equality between women and men. To this end, the employability and permanence in employment of women will be improved, enhancing their training level and their adaptability to the requirements of the labor market. 2. The Active Labor Insertion Programs will include all educational levels and ages of women, including those of Vocational Training, Workshop Schools and Trade Centers, aimed at unemployed people, they may be directed primarily to specific groups of women or contemplate a certain proportion of women. Article 43. Promotion of equality in collective bargaining. In accordance with what is legally established, positive action measures may be established through collective bargaining to favor women's access to employment and the effective application of the principle of equal treatment and non-discrimination in working conditions between women and men. CHAPTER II Equality and conciliation Article 44. The rights to reconcile personal, family and work life. 1. The rights to reconcile personal, family and work life will be recognized for workers in a way that encourages the balanced assumption of family responsibilities, avoiding any discrimination based on their exercise. 2. The maternity leave and benefit will be granted in the terms provided in labor and Social Security regulations. 3. In order to contribute to a more balanced distribution of family responsibilities, parents are recognized as having the right to leave and a paternity benefit, under the terms provided for in labor and Social Security regulations. Page 21 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CHAPTER III Company equality plans and other measures to promote equality Article 45. Preparation and application of equality plans. 1. Companies are obliged to respect equal treatment and opportunities in the workplace and, to this end, they must adopt measures aimed at avoiding any type of employment discrimination between women and men, measures that must be negotiated, and where appropriate agree, with the legal representatives of the workers in the manner determined in the labor legislation. 2. In the case of companies with fifty or more workers, the equality measures referred to in the previous section must be aimed at the preparation and application of an equality plan, with the scope and content established in this chapter, which must also be subject to negotiation in the manner determined in the labor legislation. Please note that this amendment to section 2, incorporated by art. 1.1 of Royal Decree-Law 6/2019, of March 1. Ref. BOE-A-2019-3244 It will be applied gradually in the manner established by the twelfth transitory provision of this rule, added in turn, by art. 1.3 of the aforementioned Royal Decree-Law 6/2019. 3. Without prejudice to the provisions of the previous section, companies must prepare and apply an equality plan when it is established in the applicable collective agreement, in the terms provided therein. 4. The companies will also prepare and apply an equality plan, after negotiation or consultation, where appropriate, with the legal representation of the workers, when the labor authority has agreed in a sanctioning procedure to replace the accessory sanctions with the preparation and application of said plan, in the terms established in the aforementioned agreement. 5. The preparation and implementation of equality plans will be voluntary for the other companies, after consulting the legal representation of the workers. Article 46. Concept and content of company equality plans. 1. The equality plans of the companies are an ordered set of measures, adopted after carrying out a diagnosis of the situation, aimed at achieving equal treatment and opportunities between women and men in the company and eliminating discrimination based on sex . The equality plans will set the specific equality objectives to be achieved, the strategies and practices to be adopted to achieve them, as well as the establishment of effective monitoring and evaluation systems for the objectives set. 2. The equality plans will contain an ordered set of assessable measures aimed at removing the obstacles that prevent or hinder the effective equality of women and men. Beforehand, a negotiated diagnosis will be drawn up, where appropriate, with the legal representation of the workers, which will contain at least the following matters: a) Selection and hiring process. b) Professional classification. c) Training. d) Professional promotion. e) Working conditions, including salary audit between women and men. f) Co-responsible exercise of the rights of personal, family and work life. g) Female underrepresentation. h) Remuneration. i) Prevention of sexual and gender-based harassment. page 22 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION The elaboration of the diagnosis will be carried out within the Negotiating Commission of the Equality Plan, for which, the management of the company will provide all the data and information necessary to elaborate it in relation to the matters listed in this section, as well as the Registry data regulated in article 28, section 2 of the Workers' Statute. 3. The equality plans will include the entirety of a company, without prejudice to the establishment of appropriate special actions with respect to certain work centers. 4. A Register of Equality Plans for Companies is created, as part of the Registers of agreements and collective bargaining agreements dependent on the General Directorate of Labor of the Ministry of Labour, Migration and Social Security and of the Labor Authorities of the Communities Autonomous. 5. Companies are obliged to register their equality plans in the aforementioned registry. 6. The diagnosis, contents, subjects, salary audits, follow-up systems and evaluation of equality plans will be developed by regulation; as well as the Register of Equality Plans, in relation to their constitution, characteristics and conditions for registration and access. Keep in mind that this modification of section 2, and the added sections 4 to 6, incorporated by art. 1.2 of Royal Decree-Law 6/2019, of March 1. Ref. BOE-A-2019-3244 They will be applied gradually in the manner established by the twelfth transitory provision of this regulation, added in turn, by art. 1.3 of the aforementioned Royal Decree-Law 6/2019. Article 47. Transparency in the implementation of the equality plan. The access of the legal representation of the workers or, failing that, of the workers themselves, to information on the content of the Equality Plans and the achievement of their objectives is guaranteed. The provisions of the preceding paragraph shall be understood without prejudice to the monitoring of the evolution of the agreements on equality plans by the joint commissions of the collective agreements to which they attribute these powers. Article 48. Specific measures to prevent sexual harassment and harassment based on sex at work. 1. Companies must promote working conditions that prevent sexual harassment and harassment based on sex and arbitrate specific procedures for its prevention and to channel the complaints or claims that may be formulated by those who have been the object of it. To this end, measures may be established that must be negotiated with the workers' representatives, such as the preparation and dissemination of codes of good practice, the carrying out of information campaigns or training actions. 2. The workers' representatives must contribute to preventing sexual harassment and harassment based on sex at work by raising the awareness of male and female workers against it and informing the company's management of the conduct or behavior of that they had knowledge and that they could propitiate it. Article 49. Support for the voluntary implementation of equality plans. To promote the voluntary adoption of equality plans, the Government will establish promotion measures, especially aimed at small and medium-sized companies, which will include the necessary technical support. Page 23 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CHAPTER IV Business distinction in terms of equality Article 50. Distinction for companies in matters of equality. 1. The Ministry of Labor and Social Affairs will create a badge to recognize those companies that stand out for the application of policies of equal treatment and opportunities with their workers, which may be used in the commercial traffic of the company and with advertising purposes. 2. In order to obtain this distinction, any company, whether public or private, may submit to the Ministry of Labor and Social Affairs a balance on the parameters of equality implemented with respect to labor relations and the advertising of products and services. services provided. 3. By regulation, the name of this badge, the procedure and the conditions for its granting, the powers derived from its obtaining and the conditions of institutional diffusion of the companies that obtain it and of the equality policies applied by them will be determined. 4. For the granting of this distinction, among other criteria, the balanced presence of women and men in the management bodies and in the different groups and professional categories of the company, the adoption of equality plans or other measures will be taken into account. innovative initiatives to promote equality, as well as non-sexist advertising of the company's products or services. 5. The Ministry of Labor and Social Affairs will control that the companies that obtain the badge permanently maintain the application of policies of equal treatment and opportunities with their workers and, in case of non-compliance, will withdraw the badge. TITLE V The principle of equality in public employment CHAPTER I Criteria for action of public administrations Article 51. Criteria for action of public administrations. Public Administrations, within the scope of their respective powers and in application of the principle of equality between women and men, must: a) Remove the obstacles that imply the persistence of any type of discrimination in order to offer conditions of effective equality between women and men in access to public employment and in the development of a professional career. b) Facilitate the reconciliation of personal, family and work life, without undermining professional promotion. c) Promote training in equality, both in access to public employment and in throughout the professional career. d) Promote the balanced presence of women and men in selection and evaluation bodies. e) Establish effective protection measures against sexual harassment and harassment based on sex. f) Establish effective measures to eliminate any remuneration discrimination, direct or indirectly, by reason of sex. g) Periodically evaluate the effectiveness of the principle of equality in their respective fields of action. Page 24 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION CHAPTER II The principle of balanced presence in the General State Administration and in public bodies linked to or dependent on it Article 52. Heads of management bodies. The Government will attend to the principle of balanced presence of women and men in the appointment of the heads of the management bodies of the General State Administration and of the public bodies linked or dependent on it, considered as a whole, whose designation corresponds to it. Article 53. Selection bodies and assessment commissions. All the courts and bodies for the selection of the personnel of the General State Administration and of the public bodies linked or dependent on it shall respond to the principle of balanced presence of women and men, except for well-founded and objective reasons, duly motivated. Likewise, the representation of the General State Administration and the public bodies linked or dependent on it in the merit assessment commissions for the provision of jobs will be adjusted to the principle of balanced composition of both sexes. Article 54. Appointment of representatives of the General State Administration. The General State Administration and the public bodies linked to or dependent on it will appoint their representatives in collegiate bodies, committees of experts or advisory committees, national or international, in accordance with the principle of balanced presence of women and men, except for reasons well-founded and objective, duly motivated. Likewise, the General Administration of the State and the public bodies linked to or dependent on it shall observe the principle of balanced presence in the appointments that it must make on the boards of directors of the companies in whose capital it participates. CHAPTER III Employment Equality Measures for the General State Administration and for public bodies linked to or dependent on it Article 55. Gender impact report in public employment access tests. The approval of calls for selective tests for access to public employment must be accompanied by a gender impact report, except in urgent cases and always without prejudice to the prohibition of discrimination based on sex. Article 56. Permits and benefits for maternity protection and reconciliation of personal, family and work life. Without prejudice to the improvements that may arise from agreements signed between the General State Administration or the public bodies linked or dependent on it with the representatives of the personnel at the service of the Public Administration, the regulations applicable to them will establish a regime of leave of absence, reductions in working hours, permits or other benefits in order to protect maternity and facilitate the reconciliation of personal, family and work life. With the same purpose, a paternity leave will be recognized, in the terms established by said regulations. Article 57. Conciliation and provision of jobs. In the bases of the competitions for the provision of jobs, for the purposes of assessing the work carried out and the corresponding merits, the Page 25 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION time that the candidates have remained in the situations referred to in the previous article. Article 58. Leave for risk during pregnancy and lactation. When the conditions of the job of an official included in the scope of application of administrative mutualism could negatively influence the health of the woman, son and daughter, leave may be granted due to risk during pregnancy, in the same terms and conditions provided in the applicable regulations. In these cases, the full economic rights of the official will be guaranteed throughout the duration of the leave, in accordance with the provisions of the specific legislation. The provisions of the preceding paragraph shall also apply during the period of natural lactation. Article 59. Holidays. Without prejudice to the improvements that may arise from agreements signed between the General State Administration or the public bodies linked or dependent on it with the representation of employees in the service of the Public Administration, when the vacation period coincides with a disability derived from pregnancy, childbirth or breastfeeding, or with maternity leave, or with its extension due to breastfeeding, the public employee will have the right to enjoy vacations on a different date, even if the calendar year to which they correspond has ended. Those who are enjoying paternity leave will enjoy this same right. Article 60. Positive actions in training activities. 1. In order to update the knowledge of public employees, preference will be granted, for one year, in the allocation of places to participate in training courses to those who have joined active service from maternity leave or paternity, or have re-entered from the situation of leave for reasons of legal guardianship and care for dependent elderly people or people with disabilities. 2. In order to facilitate the professional promotion of public employees and their access to managerial positions in the General State Administration and in the public bodies linked or dependent on it, in the calls for the corresponding training courses, at least 40% of the places to be awarded to those who meet the established requirements. Article 61. Training for equality. 1. All tests for access to public employment of the General State Administration and of the public bodies linked or dependent on it will contemplate the study and application of the principle of equality between women and men in the various areas of the public function. 2. The General State Administration and the public bodies linked to or dependent on it will give training courses on equal treatment and opportunities between women and men and on the prevention of gender-based violence, which will be addressed to all their personnel. Article 62. Action protocol against sexual harassment and harassment based on sex. For the prevention of sexual harassment and harassment based on sex, the Public Administrations will negotiate with the legal representation of the workers, an action protocol that will include, at least, the following principles: a) The commitment of the General State Administration and the public bodies linked or dependent on it to prevent and not tolerate sexual harassment and harassment based on sex. b) The instruction to all personnel of their duty to respect the dignity of people and their right to privacy, as well as equal treatment between women and men. Page 26 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION c) The reserved treatment of complaints of facts that could constitute sexual harassment or harassment based on sex, without prejudice to the provisions of the disciplinary regime regulations. d) The identification of the persons responsible for assisting those who make a complaint or complaint. Article 63. Evaluation of equality in public employment. All Ministerial Departments and Public Organizations will send, at least annually, to the Ministries of Labor and Social Affairs and Public Administrations, information regarding the effective application in each of them of the principle of equality between women and men, specifying, through the disaggregation by sex of the data, of the distribution of its workforce, degree group, destination complement level and average remuneration of its staff. Article 64. Equality Plan in the General State Administration and in the public bodies linked to or dependent on it. The Government will approve, at the beginning of each legislature, a Plan for Equality between women and men in the General State Administration and in the public bodies linked to or dependent on it. The Plan will establish the objectives to be achieved in terms of promoting equal treatment and opportunities in public employment, as well as the strategies or measures to be adopted to achieve them. The Plan will be subject to negotiation, and if applicable, agreement, with the legal representation of public employees in the manner determined in the legislation on collective bargaining in the Public Administration and its compliance will be evaluated annually by the Council of Ministers. CHAPTER IV Armed forces Article 65. Respect for the principle of equality. The regulations on personnel of the Armed Forces will ensure the effectiveness of the principle of equality between women and men, especially with regard to the regime of access, training, promotions, destinations and administrative situations. Article 66. Application of the regulations referring to the personnel of the Public Administrations. The regulations referring to the personnel at the service of the Public Administrations in terms of equality, prevention of gender violence and conciliation of personal, family and professional life will be applicable in the Armed Forces, with the adaptations that are necessary and in the terms established in its specific regulations. CHAPTER V State Security Forces and Bodies Article 67. Respect for the principle of equality. The regulations governing the State Security Forces and Bodies will promote effective equality between women and men, preventing any situation of professional discrimination, especially in the system of access, training, promotions, assignments and administrative situations. Article 68. Application of the rules referring to the personnel of the Public Administrations. The regulations referring to the personnel at the service of the Public Administrations in terms of equality, prevention of gender violence and conciliation of personal, family and professional life will be applicable in the State Security Forces and Bodies, Page 27 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION adapting, where appropriate, to the peculiarities of the functions entrusted to them, in the terms established by their specific regulations. TITLE VI Equal treatment in access to goods and services and their supply Article 69. Equal treatment in access to goods and services. 1. All natural or legal persons who, in the public or private sector, supply goods or services available to the public, offered outside the sphere of private and family life, will be obliged, in their activities and in the consequent transactions , to comply with the principle of equal treatment between women and men, avoiding discrimination, direct or indirect, based on sex. 2. The provisions of the previous section do not affect the freedom of contracting, including the freedom of the person to choose the other contracting party, as long as said choice is not determined by their sex. 3. Notwithstanding the provisions of the preceding sections, differences in treatment in access to goods and services will be admissible when they are justified by a legitimate purpose and the means to achieve it are appropriate and necessary. Article 70. Protection in a situation of pregnancy. In the access to goods and services, no contracting party may inquire about the pregnancy situation of a woman requesting them, except for reasons of health protection. Article 71. Actuarial factors. 1. The conclusion of insurance contracts or related financial services in which, when considering gender as a factor for calculating premiums and benefits, differences are generated in the premiums and benefits of the insured persons is prohibited. 2. The costs related to pregnancy and childbirth will not justify differences in the premiums and benefits of people considered individually, without differences being authorized in this regard. Article 72. Consequences of non-compliance with the prohibitions. 1. Without prejudice to other actions and rights contemplated in civil and commercial legislation, the person who, within the scope of application of article 69, suffers discriminatory conduct, shall be entitled to compensation for the damages suffered. 2. In the field of insurance contracts or related financial services, and without prejudice to the provisions of article 10 of this Law, non-compliance with the prohibition contained in article 71 will grant the injured party the right to claim assimilation of their premiums and benefits to those of the most benefited sex, maintaining the validity and effectiveness of the contract in the remaining extremes. TITLE VII Equality in corporate social responsibility Article 73. Actions of social responsibility of companies in matters of equality. Companies may assume the voluntary performance of social responsibility actions, consisting of economic, commercial, labor, welfare or other measures, aimed at promoting conditions of equality between women and men within the company or in its environment. Social. The realization of these actions may be arranged with the representation of the workers, the organizations of consumers and consumers and Page 28 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION users and users, associations whose primary purpose is to defend equal treatment between men and women and Equality Bodies. The workers' representatives will be informed of the actions that are not arranged with them. Business decisions and collective agreements related to labor measures Labor regulations will apply. Article 74. Advertising of social responsibility actions in matters of equality. Companies may make advertising use of their actions of responsibility in matters of equality, in accordance with the conditions established in the general advertising legislation. The Women's Institute, or equivalent bodies of the Autonomous Communities, will be entitled to exercise the cessation action when they consider that misleading advertising may have been incurred. Article 75. Participation of women in the Boards of Directors of commercial companies. Companies required to present an unabridged profit and loss account shall endeavor to include a number of women on their Board of Directors that allows for a balanced presence of women and men to be achieved within a period of eight years from the entry into force of this Law. The provisions of the preceding paragraph shall be taken into account for the appointments made as the mandate of the appointed directors expires before the entry into force of this Law. TITLE VIII Organizational provisions Article 76. Interministerial Commission for Equality between women and men. The Interministerial Commission for Equality between women and men is the collegiate body responsible for coordinating the policies and measures adopted by the ministerial departments in order to guarantee the right to equality between women and men and promote its effectiveness. Its composition and operation will be determined by regulation. Article 77. The Equality Units. In all the Ministries, one of their governing bodies will be entrusted with the development of functions related to the principle of equality between women and men in the field of matters within its competence and, in particular, the following: a) Gather the statistical information prepared by the Ministry's bodies and advise to them in relation to their preparation. b) Prepare studies with the aim of promoting equality between women and men in the areas of activity of the Department. c) Advise the competent bodies of the Department in the preparation of the report on impact due to gender. d) Promote knowledge by Department personnel of the scope and meaning of the principle of equality by formulating proposals for training actions. e) Ensure compliance with this Law and the effective application of the principle of equality. Article 78. Women's Participation Council. 1. The Women's Participation Council is created, as a collegiate body for consultation and advice, with the essential purpose of serving as a channel for the participation of women in Page 29 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION the effective achievement of the principle of equal treatment and opportunities between women and men, and the fight against discrimination based on sex. 2. By regulation, its operating system, powers and composition will be established, guaranteeing, in any case, the participation of all public administrations and women's associations and organizations at the state level. First additional provision. Balanced presence or composition. For the purposes of this Law, balanced composition shall be understood as the presence of women and men in such a way that, in the group to which it refers, the persons of each sex do not exceed sixty percent nor are they less than forty percent. Second additional provision. Modification of the Organic Law of the General Electoral Regime. The Organic Law 5/1985, of June 19, of the General Electoral Regime, is modified in the following terms: One. A new article 44 bis is added, drafted in the following terms: «Article 44 bis. 1. The candidacies that are presented for the elections of deputies to Congress, municipal and members of the island councils and of the Canarian island councils in the terms provided in this Law, deputies to the European Parliament and members of the Legislative Assemblies of the Communities Autonomous must have a balanced composition of women and men, so that in the list as a whole the candidates of each of the sexes account for at least forty percent. When the number of positions to be filled is less than five, the proportion of women and men will be as close as possible to numerical balance. In the elections of members of the Legislative Assemblies of the Autonomous Communities, the regulatory laws of their respective electoral regimes may establish measures that favor a greater presence of women in the candidacies that are presented to the Elections of the aforementioned Legislative Assemblies. 2. The minimum proportion of forty percent in each section of five positions will also be maintained. When the last section of the list does not reach five positions, the aforementioned proportion of women and men in that section will be as close as possible to the numerical balance, although the required proportion must be maintained in any case with respect to the list as a whole. 3. The rules contained in the previous sections will apply to the lists of substitutes. 4. When the candidacies for the Senate are grouped into lists, in accordance with the provisions of article 171 of this Law, such lists must also have a balanced composition of women and men, so that the proportion of one and the other is the as close as possible to numerical balance. Two. A new paragraph is added to section 2 of article 187, worded in the following terms: «The provisions of article 44 bis of this law will not be required in the candidacies that are presented in the municipalities with a number of residents equal to or less than 3,000 inhabitants.» Three. A new paragraph is added to section 3 of article 201, worded in the following terms: «The provisions of article 44 bis of this law will not be required in the candidacies that are presented in the islands with a number of residents equal to or less than 5,000 inhabitants.» page 30 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Four. Section 2 of the first additional provision is modified, which remains drafted in the following terms: "two. In application of the powers that the Constitution reserves for the State, the following articles of the first title of this Organic Law also apply to the elections to Legislative Assemblies of Autonomous Communities called by them: 1 to 42; 44; 44 bis; Four. Five; 46.1, 2, 4, 5, 6 and 8; 47.4; 49; 51.2 and 3; 52; 53; 54; 58; 59; 60; 61; 62; 63; 65; 66; 68; 69; 70.1 and 3; 72; 73; 74; 75; 85; 86.1; 90; 91; 92; 93; 94; 95.3; 96; 103.2; 108.2 and 8; 109 to 119; 125 to 130; 131.2; 132; 135 to 152.” Five. A new seventh transitory provision is added, drafted in the following terms: «In the calls for municipal elections that take place before 2011, the provisions of article 44 bis will only be required in municipalities with a number of residents greater than 5,000 inhabitants, applying as of January 1 of that year the figure of inhabitants provided for in the second paragraph of section 2 of article 187 of this Law.” Third additional provision. Modifications of the Organic Law of the Judiciary. The Organic Law 6/1985, of July 1, of the Judicial Power, is modified in the following terms: One. A final subsection is added to section 1 of article 109, which reads as follows: "1. The General Council of the Judiciary will submit annually to the General Courts a Report on the state, operation and activities of the Council itself and of the Courts and Tribunals of Justice. Likewise, it will include the needs that, in its opinion, exist in terms of personnel, facilities and resources, in general, for the correct performance of the functions that the Constitution and the laws assign to the Judicial Power. It will also include a chapter on the impact of gender in the judicial field.» Two. A new paragraph is added, inserted between the first and the second, to section 3 of article 110, with the following wording: "In any case, a prior gender impact report will be prepared." Three. Added, in article 122.1, after «Qualification Commission», the expression «Equality Commission». Four. An article 136 bis is added that will integrate the new Section 7 of Chapter IV, Title II, Book II, signed as "Of the Equality Commission", with the following wording: «Article 136 bis. 1. The Plenary Session of the General Council of the Judiciary will annually elect, from among its Members, by a three-fifths majority and in accordance with the principle of balanced presence between women and men, the components of the Equality Commission, which will be made up of five members. . 2. The Equality Commission must act with the assistance of all its components and under the chairmanship of the member of the same who is elected by majority. In case of transitory impossibility or justified absence of any of the members, they will be replaced by another Member of the Council, preferably of the same sex, who will be appointed by the Permanent Commission. 3. The Equality Commission will be responsible for advising the Plenary on the necessary or convenient measures to actively integrate the principle of equality between women and men in the exercise of the powers of the General Council of the Judiciary and, in particular, it will be responsible for preparing the reports studies on the gender impact of the regulations and improve the parameters of equality in the Judicial Career.” Five. Article 310 is modified, which will have the following wording: Page 31 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION «All the selective tests for entry and promotion in the Judicial and Prosecution Careers will contemplate the study of the principle of equality between women and men, including measures against gender violence, and its application on a transversal basis in the field of the function jurisdictional." Six. The first paragraph of section e) of article 356 is modified, which is worded as follows: «e) They will also have the right to a period of leave, lasting no more than three years, to attend to the care of a relative who is in their charge, up to the second degree inclusive of consanguinity or affinity who, for reasons of age, accident or illness, cannot fend for himself and does not carry out paid activity.» Seven. A new letter e) is added to article 348, in the following terms: "e) Leave of absence due to violence against women." Eight. Article 357 is modified, which now has the following wording: «Article 357. When a magistrate of the Supreme Court requests voluntary leave of absence and it is granted, he will lose his status as such, except in the case provided for in letters d) and e) of the previous article and in article 360 bis. In all other cases, it will be integrated in a situation of voluntary leave, within the category of Magistrate.» Nine. Article 358.2 is modified in the following terms: "two. Voluntary leave of absence to care for children and to attend to the care of a family member referred to in sections d) and e) of article 356, in which the period of permanence in said situations will be excepted from the provisions of the previous section. computable for the purposes of trienniums and passive rights. During the first two years, they will have the right to reserve the position in which they exercise their functions and to calculate seniority. Once this period has elapsed, said reservation will be for a position in the same province and of the same category, and must request, in the month prior to the end of the maximum period of permanence in the province, re-entry into active service; failing to do so, will be declared ex officio in the situation of voluntary leave for private interest.» Ten. A new article 360 bis is added with the following wording: «Article 360 bis. 1. Judges and magistrates who are victims of gender-based violence shall have the right to apply for leave of absence due to violence against women without the need to have provided a minimum amount of prior service. In this administrative situation you can stay for a maximum period of three years. 2. During the first six months they will have the right to reserve the job they will perform, this period being computable for the purposes of promotions, three-year periods and passive rights. This notwithstanding, when the judicial protection actions show that the effectiveness of the victim's right to protection requires it, the period in which, in accordance with the previous paragraph, you will have the right to reserve the job, with identical effects to those indicated in said paragraph. 3. Judges and magistrates on leave of absence due to violence against women will receive, during the first two months of this leave of absence, full remuneration and, where appropriate, family benefits for dependent children. 4. The re-entry into active service of judges and magistrates on administrative leave due to violence against women for a duration not exceeding six months will take place in the same jurisdictional body with respect to which they have reserved the job they will perform. previously; If the period of duration of the leave is greater than 6 months, readmission will require that Page 32 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION the judges and magistrates participate in all the contests that are announced to cover places in their category until they obtain a destination. If they do not do so, they will be declared on voluntary leave of absence for private interest.» Eleven. Article 370 is deleted. Twelve o'clock. Section 5 of article 373 is modified, with the following wording: "5. Due to the death, accident or serious illness of the spouse, of a person to whom he/ she was linked by analogous emotional relationship or of a relative within the first degree of consanguinity or affinity, the judges or magistrates may have a permit of three working days, which may be up to five business days when a trip to another location is required for this purpose, in which case it will be five business days. These permits will be reduced to two and four working days, respectively, when the death and the other circumstances indicated affect relatives in the second degree of affinity or consanguinity.» Thirteen. A new section 6 is added to article 373, with the following wording: «6. Due to the birth, fostering or adoption of a child, the judge or magistrate shall have the right to enjoy a fifteen-day paternity leave, from the date of birth, the administrative or judicial decision of fostering or the judicial resolution by which constitutes the adoption." Fourteen. A new section 7 is added to article 373, with the following wording: «7. Judges and magistrates will have the right to permits and licenses to reconcile personal, family and work life, and for reasons of gender violence. The General Council of the Judiciary, through regulations, will adapt the regulations of the General Administration of the State in force on the matter to the particularities of the judicial career.» Fifteen. A section 5 is added to article 433 bis, with the following wording: "5. The Continuing Training Plan for the Judicial Career will contemplate the training of Judges and Magistrates in the principle of equality between women and men and the gender perspective. The Judicial School will annually give training courses on the jurisdictional protection of the principle of equality between women and men and gender violence.» Sixteen. A second paragraph is added to section 2 of article 434, with the following drafting: «The Center for Legal Studies will annually give training courses on the principle of equality between women and men and its application on a cross-cutting basis by the members of the Prosecuting Career, the Body of Secretaries and other personnel at the service of the Administration of Justice, as well as as well as on the detection and treatment of situations of gender violence.” Fourth additional provision. Modification of the Organic Statute of the Public Prosecutor's Office. Amending Law 50/1981, of December 30, which approves the Statute Organic of the Public Prosecutor in the following terms: A last paragraph is added in section 1 of article 14, which will have the following drafting: "An Equality Commission must be integrated within the Fiscal Council to study the improvement of equality parameters in the Fiscal Career, whose composition will be determined in the regulations that govern the constitution and operation of the Fiscal Council." Fifth additional provision. Modifications of the Law of Civil Procedure. One. A new article 11 bis is introduced to Law 1/2000, of January 7, on Civil Procedure, in the following terms: Page 33 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION «Article 11 bis. Legitimation for the defense of the right to equal treatment between women and men. 1. For the defense of the right to equal treatment between women and men, in addition to those affected and always with their authorization, unions and legally constituted associations whose primary purpose is the defense of equal treatment between women and men, with respect to their affiliates and associates, respectively. 2. When those affected are a plurality of undetermined or difficult to determine people, the legitimacy to demand in court the defense of these diffuse interests will correspond exclusively to the public bodies with competence in the matter, to the most representative unions and to the associations of field State whose primary purpose is equality between women and men, without prejudice, if those affected were determined, of their own procedural legitimacy. 3. The harassed person will be the only one entitled in litigation on sexual harassment and sexual harassment.” Two. The 5th assumption of section 1 of article 188 of Law 1/2000, of 7 of January, of Civil Procedure, which will be worded as follows: "5. Due to death, illness or absolute impossibility or maternity or paternity leave of the lawyer of the party requesting the suspension, sufficiently justified, in the opinion of the Court, provided that such events had occurred when it was no longer possible to request a new appointment in accordance with the provisions in article 183, provided that the right to effective judicial protection is guaranteed and defenselessness is not caused. Likewise, other analogous situations provided for in other social security systems and for the same time for which the leave is granted and the provision of the permits provided for in the Social Security legislation will be comparable to the previous assumptions and with the same requirements. .» Three. A new section 5 is added to article 217 of Law 1/2000, of January 7, on Civil Procedure, passing its current sections 5 and 6 to be numbers 6 and 7, respectively, with the following wording: "5. In accordance with the procedural laws, in those procedures in which the plaintiff's allegations are based on discriminatory actions based on sex, it will be up to the defendant to prove the absence of discrimination in the measures adopted and their proportionality. For the purposes of the provisions of the preceding paragraph, the judicial body, at the request of a party, may request, if it deems it useful and pertinent, a report or opinion from the competent public bodies.» Sixth additional provision. Modifications of the Law regulating the Contentious-Administrative Jurisdiction. Amending Law 29/1998, of July 13, regulating the Contentious Jurisdiction Administrative in the following terms: One. A letter i) is added to section 1 of article 19, with the following wording: «i) For the defense of the right to equal treatment between women and men, in addition to those affected and always with their authorization, unions and legally constituted associations whose primary purpose is the defense of equal treatment between women will also be legitimized. and men, with respect to their affiliates and associates, respectively. When those affected are a plurality of undetermined or difficult to determine people, the legitimacy to demand in court the defense of these diffuse interests will correspond exclusively to the public bodies with competence in the matter, to the most representative unions and to the state-level associations whose primary purpose is equality between women and men, without prejudice, if those affected were determined, of their own procedural legitimacy. Page 34 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION The harassed person will be the only one entitled in litigation on sexual harassment and sexual harassment.” Two. A new section 7 is added to article 60, with the following wording: «7. In accordance with the procedural laws, in those procedures in which the plaintiff's allegations are based on discriminatory actions based on sex, it will be up to the defendant to prove the absence of discrimination in the measures adopted and their proportionality. For the purposes of the provisions of the preceding paragraph, the judicial body, at the request of a party, may request, if it deems it useful and pertinent, a report or opinion from the competent public bodies.» Seventh additional provision. Amendments to the Law incorporating Directive 89/552/ EEC into the Spanish legal system. A new letter e) is added to section 1 of article 16 of Law 25/1994, of July 12, which incorporates Directive 89/552/EEC into the Spanish legal system, on the coordination of legal provisions, regulatory and administrative provisions of the Member States relating to the exercise of television broadcasting, in the following terms: «e) Advertising or telemarketing aimed at minors must transmit a egalitarian, plural and non-stereotyped image of women and men.” Eighth additional provision. Modifications of the General Health Law. One. A new section 4 is added to article 3 of Law 14/1986, of April 25, General Health, which is worded in the following terms: "4. Health policies, strategies and programs will actively integrate the principle of equality between women and men into their objectives and actions, preventing discrimination between them in health objectives and actions due to their physical differences or associated social stereotypes. » Two. A new section 2 is added to article 6 of Law 14/1986, of April 25, General Health, passing its current content to be section 1, in the following terms: "two. In the execution of the provisions of the previous section, the public health administrations will ensure the integration of the principle of equality between women and men, guaranteeing their equal right to health.» Three. Sections 1, 4, 9, 14 and 15 of article 18 of Law 14/1986, of April 25, General Health, are modified and a new section 17 is added, which are drafted respectively in the following terms: "1. Systematic adoption of actions for health education as a fundamental element for the improvement of individual and community health, including differentiated education on the risks, characteristics and needs of women and men, and training against discrimination of women.» "4. The provision of precise therapeutic products, attending to the differentiated needs of women and men.» «9. The protection, promotion and improvement of occupational health, with special attention to sexual harassment and harassment based on sex.» «14. The improvement and adaptation of the training needs of the personnel at the service of the health organization, including training actions aimed at guaranteeing their ability to detect, prevent and treat gender violence.» "fifteen. The promotion of scientific research in the specific field of health problems, taking into account the differences between women and men.» «17. The treatment of the data contained in records, surveys, statistics or other medical information systems to allow gender analysis, including, whenever possible, its disaggregation by sex.» Four. New wording is given to the initial paragraph of section 1 of article 21 of Law 14/1986, of April 25, General Health, which is worded in the following terms: Page 35 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION "1. Health action in the field of occupational health, which will integrate into all case the gender perspective, will include the following aspects.» Ninth additional provision. Modifications of the Law of Cohesion and Quality of the National Health System. One. Letter a) of article 2 of Law 16/2003, of May 28, on Cohesion is modified and Quality of the National Health System, which is written in the following terms: "a) The provision of services to users of the National Health System in conditions of effective equality and quality, especially avoiding any discrimination between women and men in health actions." Two. Letter g) of section 2 of article 11 is modified, which is worded in the following terms: «g) The promotion and protection of occupational health, with special consideration to the specific risks and needs of female workers.» Three. Letter f) of section 2 of article 12 is modified, which is worded in the following terms: «f) Specific attention and services related to women, which will specifically include the detection and treatment of situations of gender violence; the childhood; adolescence; grown ups; the third Age; risk groups and the chronically ill.» Four. A new section e) is included in article 34, with the following wording: "e) The inclusion of the gender perspective in training actions." Five. A new section f) is included in article 44, with the following wording: «f) Promote that health research addresses the specificities of women and men.» Six. Sections 2 and 3 of article 53 are modified, which are worded in the following terms: "two. The health information system will contain information on benefits and the portfolio of services in public and private health care, and will incorporate, as basic data, those related to the protected population, human and material resources, activity carried out, pharmacy and health products, financing and results obtained, as well as the expectations and opinion of citizens, all from a comprehensive health care approach, disaggregating all data susceptible to it by sex.» "3. In order to achieve maximum reliability of the information produced, the Ministry of Health and Consumption, with the agreement of the Interterritorial Council of the National Health System, will establish the definition and standardization of data and flows, the selection of indicators and the requirements technicians necessary for the integration of information and for its analysis from the perspective of the principle of equality between women and men.» Seven. The following sentence is added at the end of article 63: "This report will contain specific analyzes of the health of women and men." Tenth additional provision. Information Society Fund. For the purposes provided for in article 28 of this Law, a special fund will be established that will be endowed with 3 million euros in each of the budget years of 2007, 2008 and 2009. Eleventh additional provision. Amendments to the revised text of the Workers' Statute Law. The revised text of the Workers' Statute Law, approved by Royal Legislative Decree 1/1995, of March 24, is modified as follows: One. Paragraph e) of section 2 of article 4 is modified, which is worded in the following terms: Page 36 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION «e) Respect for their privacy and due consideration for their dignity, including protection against harassment based on racial or ethnic origin, religion or convictions, disability, age or sexual orientation, and against sexual harassment and harassment by sex reason." Two. The second paragraph of section 1 is modified and two new sections 4 are added and 5 to article 17, in the following terms: “Orders to discriminate and employer decisions that involve unfavorable treatment of workers as a reaction to a claim made in the company or to an administrative or judicial action aimed at demanding compliance with the principle of equal treatment and not discrimination." "4. Without prejudice to the provisions of the preceding sections, collective bargaining may establish positive action measures to promote women's access to all professions. To this end, it may establish reservations and preferences in the hiring conditions so that, under equal conditions of suitability, people of the less represented sex in the group or professional category in question have preference to be hired. Likewise, collective bargaining may establish this type of measure in the conditions of professional classification, promotion and training, so that, under equal conditions of suitability, persons of the less represented sex have preference to favor their access to the group, category professional or job position in question. "5. The establishment of equality plans in companies will comply with the provisions of this law and the Organic Law for the effective equality of women and men.» Three. A section 8 is introduced in article 34, with the following wording: «8. The worker will have the right to adapt the duration and distribution of the working day to make effective his right to reconcile personal, family and work life in the terms established in the collective bargaining or in the agreement reached with the worker. employer respecting, where appropriate, the provisions of that.» Four. Letter b) of section 3 of article 37 is modified, which is worded as follows: «b) Two days for the birth of a child and for the death, accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest, of relatives up to the second degree of consanguinity or affinity. When for this reason the worker needs to make a trip to the effect, the term will be four days.» Five. Section 4 and the first paragraph of section 5 of article 37 are modified, being worded in the following terms: "4. The workers, for nursing a child under nine months, will have the right to one hour of absence from work, which can be divided into two fractions. The duration of the permit will be increased proportionally in cases of multiple births. The woman, by her will, may replace this right with a reduction of her working day by half an hour for the same purpose or accumulate it in full working days in the terms provided in the collective bargaining or in the agreement reached with the employer, respecting, in your case, what is established therein. This leave may be enjoyed indistinctly by the mother or the father in if they both work. "5. Anyone who, for legal guardianship reasons, has in their direct care a child under eight years of age or a person with a physical, mental or sensory disability, who does not carry out a paid activity, will be entitled to a reduction in the working day, with the proportional reduction in salary between, at least, an eighth and a maximum of half of the duration of that.» Page 37 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Six. A second paragraph is added to section 3 of article 38, in the following terms: "When the vacation period set in the company's vacation calendar referred to in the preceding paragraph coincides in time with a temporary incapacity derived from pregnancy, childbirth or breastfeeding or with the period of suspension of the employment contract provided for in article 48.4 of this Law, you will have the right to enjoy vacations on a date other than that of temporary incapacity or that of the enjoyment of the permit that by application of said precept corresponds to you, at the end of the period of suspension, even if it has ended. the calendar year to which they correspond.” Seven. Letter d) of section 1 of article 45 is modified, being worded in the following terms: «d) Maternity, paternity, risk during pregnancy, risk during breastfeeding of a child under nine months and adoption or foster care, both pre-adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional, of minors under six years of age or of minors who are over six years of age in the case of disabled minors or that due to their circumstances and personal experiences or Because they come from abroad, they have special difficulties in social and family integration duly accredited by the competent social services.» Eight. Section 2 of article 46 is modified, which is worded as follows: "two. The worker with at least one year of seniority in the company has the right to be recognized the possibility of placing himself on voluntary leave for a period of not less than four months and not more than five years. This right may only be exercised again by the same worker if four years have elapsed since the end of the previous leave of absence.» Nine. The first, second and third paragraphs of section 3 of article 46 are modified, which are worded as follows: "Workers will be entitled to a period of leave of no more than three years to attend to the care of each child, both when it is by nature, as well as by adoption, or in the cases of foster care, both permanent and pre-adoptive, even if these be provisional, counting from the date of birth or, where appropriate, from the judicial or administrative resolution. They will also be entitled to a period of leave, lasting no more than two years, unless a longer duration is established by collective bargaining, workers to attend to the care of a family member up to the second degree of consanguinity or affinity, who for reasons of age, accident, illness or disability cannot fend for himself, and does not perform paid activity. The leave of absence contemplated in this section, whose period of duration may be enjoyed in installments, constitutes an individual right of workers, men or women. However, if two or more workers of the same company generate this right by the same subject, the employer may limit its simultaneous exercise for justified reasons of operation of the company.» Ten. Sections 4 and 5 of article 48 are modified, being worded in the following terms: "4. In the event of childbirth, the suspension will last for sixteen uninterrupted weeks, extendable in the event of multiple births by two more weeks for each child after the second. The period of suspension will be distributed at the option of the interested party, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she did any work, the other parent may make use of all or, as the case may be, of the remaining part of the period of suspension, computed from the Page 38 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION date of delivery, and without deducting from it the part that the mother could have enjoyed prior to delivery. In the event of the death of the child, the period of suspension will not be reduced, unless, once the six weeks of compulsory rest have ended, the mother requests to return to her job. Notwithstanding the foregoing, and without prejudice to the six weeks immediately following the birth of mandatory rest for the mother, in the event that both parents work, the mother, at the beginning of the maternity leave period, may choose that the other father enjoys a certain and uninterrupted part of the rest period after childbirth either simultaneously or successively with that of the mother. The other parent may continue to make use of the period of suspension due to maternity initially ceded, even if at the time scheduled for the mother's return to work she is in a situation of temporary incapacity. In the event that the mother does not have the right to suspend her professional activity with the right to benefits in accordance with the regulations that regulate said activity, the other parent will have the right to suspend her employment contract for the period that would have corresponded to the mother, which will be compatible with the exercise of the right recognized in the following article. In cases of premature delivery and in those in which, for any other reason, the newborn must remain hospitalized after delivery, the period of suspension may be computed, at the request of the mother, or failing that, of the other parent, at from the date of hospital discharge. Excluded from said calculation are the six weeks after childbirth, of mandatory suspension of the mother's contract. In cases of premature births with low weight and those others in which the newborn requires, due to some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension will be extended by as many days as the newborn. is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is developed by regulation. In the cases of adoption and foster care, in accordance with article 45.1.d) of this Law, the suspension will have a duration of sixteen uninterrupted weeks, extendable in the case of multiple adoption or foster care by two weeks for each minor from the second. Said suspension will produce its effects, at the worker's choice, either from the judicial resolution by which the adoption is constituted, or from the administrative or judicial decision of fostering, provisional or definitive, without in any case the same minor may entitle you to several periods of suspension. In the event that both parents work, the suspension period will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively, always with uninterrupted periods and with the indicated limits. In cases of simultaneous enjoyment of rest periods, the sum of the same may not exceed the sixteen weeks provided for in the preceding paragraphs or those that correspond in the event of multiple childbirth, adoption or foster care. In the event of disability of the adopted or fostered child or minor, the suspension of the contract referred to in this section will have an additional duration of two weeks. In the event that both parents work, this additional period will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively and always without interruption. The periods referred to in this section may be enjoyed on a full-time or part-time basis, prior agreement between the employers and the affected workers, in the terms determined by regulation. In cases of international adoption, when the prior displacement of the parents to the adoptee's country of origin is necessary, the period of suspension, provided for in each case in this section, may begin up to four weeks before the resolution by which the adoption is made. constitutes adoption. Page 39 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Workers will benefit from any improvement in working conditions to which they may have been entitled during the suspension of the contract in the cases referred to in this section, as well as in those provided for in the following section and in article 48 bis. » "5. In the event of risk during pregnancy or risk during breastfeeding, under the terms provided in article 26 of Law 31/1995, of November 8, on the Prevention of Occupational Risks, the suspension of the contract will end on the day on which that the suspension of the contract due to biological maternity begins or the infant reaches nine months, respectively, or, in both cases, when the impossibility of the worker to return to her previous position or another compatible with her status disappears.» Eleven. A new article 48 bis is included, with the following wording: «Article 48 bis. Suspension of the employment contract for paternity. In the event of the birth of a child, adoption or foster care in accordance with article 45.1.d) of this Law, the worker will have the right to suspend the contract for thirteen uninterrupted days, which can be extended in the event of multiple childbirth, adoption or foster care in two more days for each child after the second. This suspension is independent of the shared enjoyment of maternity rest periods regulated in article 48.4. In the event of childbirth, the suspension corresponds exclusively to the other parent. In cases of adoption or foster care, this right will correspond only to one of the parents, at the choice of the interested parties; however, when the rest period regulated in article 48.4 is fully enjoyed by one of the parents, the right to suspension for paternity may only be exercised by the other. The worker who exercises this right may do so during the period from the end of the permit for the birth of a child, provided for legally or conventionally, or from the judicial resolution by which the adoption is constituted or from the administrative or judicial decision of fostering, until the end of the suspension of the contract regulated in article 48.4 or immediately after the end of said suspension. The suspension of the contract referred to in this article may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 percent, prior agreement between the employer and the worker, and as determined by regulation. The worker must notify the employer, with due notice, the exercise of this right in the terms established, where appropriate, in the collective agreements.» Twelve o'clock. Section 4 of article 53 is amended to read as follows: "4. When the employer does not meet the requirements established in section 1 of this article or the employer's extinctive decision has as a motive some of the causes of discrimination prohibited in the Constitution or in the Law or it has occurred with violation of fundamental rights and freedoms of the worker, the extinctive decision will be null, and the judicial authority must make such declaration ex officio. Failure to grant notice will not cancel the termination, although the employer, regardless of the other effects that may apply, will be required to pay the salaries corresponding to said period. The subsequent observance by the employer of the unfulfilled requirements will not constitute, in any case, rectification of the original termination act, but rather a new termination agreement with effect from its date. The extinctive decision will also be null and void in the following cases: a) That of the workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or Page 40 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION foster care or paternity referred to in letter d) of section 1 of article 45, or notified on a date such that the period of notice granted ends within said period. b) That of pregnant workers, from the date of onset of pregnancy until the beginning of the period of suspension referred to in letter a), and that of workers who have requested one of the permits referred to in paragraphs 4, 4 bis and 5 of article 37, or are enjoying them, or have requested or are enjoying the leave provided for in section 3 of article 46; and that of female workers who are victims of gender-based violence due to the exercise of their rights to reduce or rearrange their working hours, geographical mobility, change of workplace or suspension of the employment relationship under the terms and conditions recognized in this law. c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or foster care or paternity, provided that no more than nine months have elapsed from the date of birth, adoption or foster care of the child. What is established in the previous letters will apply, except that, in those cases, the origin of the extinctive decision is declared for reasons not related to the pregnancy or to the exercise of the right to the indicated permits and leave of absence.» Thirteen. Letter g) of section 2 of article 54 is modified, being worded in the following terms: «g) Harassment for reasons of racial or ethnic origin, religion or convictions, disability, age or sexual orientation and sexual or gender-based harassment of the employer or the people who work in the company.» Fourteen. Section 5 of article 55 is modified, which is worded as follows: “The dismissal that is based on any of the causes of discrimination prohibited in the Constitution or in the Law, or that occurs with a violation of the fundamental rights and public freedoms of the worker, will be null and void. The dismissal will also be null in the following cases: a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illnesses caused by pregnancy, childbirth or breastfeeding, adoption or foster care or paternity referred to in the letter d) of paragraph 1 of article 45, or notified on a date such that the period of notice granted ends within said period. b) That of pregnant workers, from the date of onset of pregnancy until the beginning of the period of suspension referred to in letter a), and that of workers who have requested one of the permits referred to in paragraphs 4, 4 bis and 5 of article 37, or are enjoying them, or have requested or are enjoying the leave provided for in section 3 of article 46; and that of female workers who are victims of gender-based violence due to the exercise of their rights to reduce or rearrange their working hours, geographical mobility, change of workplace or suspension of the employment relationship, under the recognized terms and conditions. in this Law. c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or foster care or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or foster care of the child. What is established in the previous letters will apply, except that, in those cases, the origin of the dismissal is declared for reasons not related to the pregnancy or to the exercise of the right to the indicated permits and leave of absence.» Fifteen. A new second paragraph is added to number 1 of section 1 of article 64, in the following terms: Page 41 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION "You will also have the right to receive information, at least annually, regarding the application in the company of the right to equal treatment and opportunities between women and men, which will include data on the proportion of women and men at the different levels. professionals, as well as, where appropriate, on the measures that have been adopted to promote equality between women and men in the company and, if an equality plan has been established, on its application.» Sixteen. A new letter c) is added to number 9 of section 1 of article 64, as well as a new number 13 in the same section 1, in the following terms: «c) Surveillance of respect for and application of the principle of equal treatment and opportunities between women and men. «13. Collaborate with the management of the company in the establishment and commissioning of progress of conciliation measures.” Seventeen. A new paragraph is added to section 1 of article 85, with the following wording: Without prejudice to the freedom of the parties to determine the content of the collective agreements, in the negotiation of the same there will be, in any case, the duty to negotiate measures aimed at promoting equal treatment and opportunities between women and men in the workplace or, where appropriate, equality plans with the scope and content provided for in Chapter III of Title IV of the Organic Law for the effective equality of women and men.» Eighteen. A new paragraph is added in section 2 of article 85, with the following wording: Likewise, without prejudice to the freedom of contract that is recognized to the parties, through collective bargaining the duty to negotiate equality plans in companies with more than two hundred and fifty workers will be articulated as follows: a) In collective agreements in the business sphere, the duty to negotiate is will be formalized within the framework of the negotiation of said agreements. b) In collective agreements of a higher scope than the company, the duty to negotiate will be formalized through collective bargaining that takes place in the company under the terms and conditions that would have been established in the indicated agreements to fulfill said duty to negotiate. through the appropriate rules of complementarity.” Nighteen. A new section 6 is added to article 90, being worded in the following terms: «6. Without prejudice to what is established in the previous section, the labor authority will ensure respect for the principle of equality in collective agreements that may contain direct or indirect discrimination based on sex. For such purposes, it may seek the advice of the Women's Institute or the Equality Bodies of the Autonomous Communities, as appropriate by their territorial scope. When the labor authority has contacted the competent jurisdiction on the grounds that the collective agreement could contain discriminatory clauses, it will inform the Women's Institute or the Equality Bodies of the Autonomous Communities, according to their territorial scope, without prejudice to what is established in section 3 of article 95 of the Law of Labor Procedure.” Twenty. A new seventeenth additional provision is added, in the following terms: «Seventeenth additional provision. Discrepancies in terms of conciliation. The discrepancies that arise between employers and workers in relation to the exercise of the rights of conciliation of personal, family and work life recognized legally or conventionally will be resolved by the competent jurisdiction. Page 42 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION through the procedure established in article 138 bis of the Labor Procedure Law.” Twenty-one. A new eighteenth additional provision is added, in the following terms: «Eighteenth additional provision. certain Calculation of compensation in cases of reduced working hours. 1. In the cases of reduction of working hours contemplated in article 37, sections 4 bis, 5 and 7, the salary to be taken into account for the purposes of calculating the compensation provided for in this Law, will be the one that would have corresponded to the worker without considering the reduction in working hours made, as long as the maximum term legally established for said reduction has not elapsed. 2. Likewise, the provisions of the preceding paragraph shall apply in cases of part- time exercise of the rights established in the tenth paragraph of article 48.4 and in article 48 bis.» Twelfth additional provision. Amendments to the Law on Prevention of Occupational Risks. Law 31/1995, of November 8, on the Prevention of Occupational Risks is modified as follows: One. A new section 4 is introduced in article 5, which will be worded as follows: "4. The Public Administrations will promote the effectiveness of the principle of equality between women and men, considering the variables related to sex both in the data collection and processing systems and in the general study and research on occupational risk prevention, with the aim to detect and prevent possible situations in which the damages derived from work may appear linked to the sex of the workers.» Two. The first paragraph of section 2 and section 4 of article 26 are modified, which are written in the following terms: "two. When the adaptation of working conditions or hours is not possible or, despite such adaptation, the conditions of a job could negatively influence the health of the pregnant worker or the fetus, and the Medical Services certify it. from the National Institute of Social Security or the Mutual Insurance Companies, depending on the Entity with which the company has contracted the coverage of professional risks, with the report of the doctor of the National Health Service that assists the worker optionally, she must perform a different job or function compatible with your status. The employer must determine, after consultation with the representatives of the workers, the list of jobs exempt from risks for these purposes.» "4. The provisions of numbers 1 and 2 of this article will also apply during the period of natural breastfeeding, if the working conditions could negatively influence the health of the woman or the child and the Medical Services of the National Institute of Breastfeeding certify it. Social Security or Mutual Insurance, depending on the Entity with which the company has contracted the coverage of professional risks, with the report of the doctor of the National Health Service who optionally assists the worker or her child. It may also be declared that the affected worker passes to the situation of suspension of the contract due to risk during the natural breastfeeding of children under nine months referred to in article 45.1.d) of the Workers' Statute, if the foreseen circumstances occur. in number 3 of this article.» Thirteenth additional provision. Modifications of the Labor Procedure Law. The revised text of the Labor Procedure Law, approved by Royal Decree Legislative 2/1995, of April 7, is modified as follows: Page 43 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION One. A new second paragraph is added to section 2 of article 27 in the following terms: "The foregoing is understood without prejudice to the possibility of claiming, in previous trials, compensation derived from discrimination or injury to fundamental rights in accordance with articles 180 and 181 of this Law." Two. Section 2 of article 108 is worded as follows: "two. The dismissal that has as motive any of the causes of discrimination provided for in the Constitution and in the Law, or occurs with violation of fundamental rights and public freedoms of the worker will be null. The dismissal will also be null in the following cases: a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illnesses caused by pregnancy, childbirth or breastfeeding, adoption or foster care or paternity referred to in the letter d) of section 1 of article 45 of the revised text of the Workers' Statute Law, or notified on a date such that the period of notice granted ends within said period. b) That of pregnant workers, from the date of onset of pregnancy until the beginning of the period of suspension referred to in letter a), and that of workers who have requested one of the permits referred to in paragraphs 4, 4 bis and 5 of article 37 of the Workers' Statute, or are enjoying them, or have requested or are enjoying the leave provided for in section 3 of article 46 of the Workers' Statute; and that of female workers who are victims of gender- based violence due to the exercise of their rights to reduce or rearrange their working hours, geographic mobility, change of work center or suspension of the employment relationship under the terms and conditions recognized in the Workers' Statute. c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or foster care or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or foster care of the child. What is established in the previous letters will apply, except that, in those cases, the origin of the dismissal is declared for reasons not related to the pregnancy or to the exercise of the right to the indicated permits and leave of absence.» Three. Section 2 of article 122 is modified, with the following tenor: "two. The extinctive decision will be null when: a) The legal formalities of the written communication have not been complied with, mentioning the cause. b) The corresponding compensation had not been made available to the worker, except in those cases in which such a requirement was not legally required. c) It is discriminatory or contrary to the fundamental rights and public freedoms of the worker. d) It has been carried out in fraud of law avoiding the rules established for collective dismissals, in the cases referred to in the last paragraph of article 51.1 of the revised text of the Workers' Statute Law. The extinctive decision will also be null and void in the following cases: a) That of workers during the period of suspension of the employment contract due to maternity, risk during pregnancy, risk during breastfeeding, illnesses caused by pregnancy, childbirth or breastfeeding, adoption or foster care or paternity referred to in the letter d) of section 1 of article 45 of the revised text of the Workers' Statute Law, or notified on a date such that the period of notice granted ends within said period. b) That of pregnant workers, from the date of onset of pregnancy until the beginning of the period of suspension referred to in letter a), and that of Page 44 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION workers who have requested one of the permits referred to in sections 4, 4 bis and 5 of article 37 of the Workers' Statute, or are enjoying them, or have requested or are enjoying the leave of absence provided for in section 3 of the article 46 of the Workers' Statute; and that of female workers who are victims of gender-based violence due to the exercise of their rights to reduce or rearrange their working time, geographic mobility, change of work center or suspension of the employment relationship, under the recognized terms and conditions. in the Workers' Statute. c) That of workers after having returned to work at the end of the periods of suspension of the contract due to maternity, adoption or foster care or paternity, provided that no more than nine months have elapsed since the date of birth, adoption or foster care of the child. What is established in the previous letters will apply, except that, in those cases, the origin of the extinctive decision is declared for reasons not related to the pregnancy or to the exercise of the right to the indicated permits and leave of absence.» Four. A new letter d) is added to article 146, in the following terms: «d) Of the communications of the Labor and Social Security Inspectorate regarding the finding of discrimination based on sex and in which the bases of the estimated damages for the worker are collected, for the purposes of determining the compensation correspondent. In this case, the corresponding Inspection Headquarters must inform the competent labor authority of such circumstance for its knowledge, in order for it to be transferred to the competent jurisdictional body for the purposes of the accumulation of actions if it were initiated. subsequently the ex officio procedure referred to in section 2 of article 149 of this Law.” Five. Section 2 of article 149 is modified, being worded in the following terms: "two. Likewise, in the event that the infraction acts deal with any of the matters contemplated in sections 2, 6 and 10 of article 7 and 2, 11 and 12 of article 8 of the Consolidated Text of the Law on Infractions and Sanctions of the Order Social, approved by Royal Legislative Decree 5/2000, of August 4, and the responsible subject has challenged them based on allegations and evidence from which it is deduced that the knowledge of the merits of the matter is attributed to the social order of the jurisdiction according to article 9.5 of the Organic Law of the Judiciary.” Six. Section 1 of article 180 is modified, which remains with the following wording: "1. The sentence will declare the existence or not of the reported violation. In the affirmative case and prior to the declaration of radical nullity of the conduct of the employer, employer association, Public Administration or any other person, entity or public or private corporation, it will order the immediate cessation of the anti-union behavior and the restoration of the situation to the moment prior to occur, as well as the reparation of the consequences derived from the act, including the appropriate compensation, which will be compatible, where appropriate, with that which may correspond to the worker for the modification or termination of the employment contract in accordance with what is established in the Workers' Statute." Seven. Article 181 is modified, being worded in the following terms: «The demands for protection of other fundamental rights and public freedoms, including the prohibition of discriminatory treatment and harassment, which arise in the field of legal relations attributed to the knowledge of the social jurisdictional order, will be processed in accordance with the provisions established in This chapter. Said lawsuits shall express the fundamental right or rights that are deemed infringed. When the judgment declares the existence of a violation, the Judge must rule on the amount of compensation that, if applicable, corresponds to the worker for having suffered discrimination, if there is a discrepancy between the parties. This compensation will be compatible, where appropriate, with what could be Page 45 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION correspond to the worker for the modification or termination of the employment contract in accordance with the provisions of the Workers' Statute.» Fourteenth additional provision. Modifications of the Law of Infractions and Sanctions of the Social Order. The revised text of the Law on Offenses and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000, of August 4, is modified as follows: One. A new section, 13, is added to article 7, with the following wording: «13. Failure to comply with the obligations in terms of equality plans established by the Workers' Statute or the applicable collective agreement." Two. Sections 12 and 13 bis of article 8 are modified and a new section 17 is added, being worded in the following terms: «12. The unilateral decisions of the company that imply unfavorable direct or indirect discrimination due to age or disability or favorable or adverse in terms of remuneration, working hours, training, promotion and other working conditions, due to circumstances of sex, origin, including racial or ethnicity, marital status, social condition, religion or convictions, political ideas, sexual orientation, adherence or not to trade unions and their agreements, family ties with other workers in the company or language within the Spanish State, as well as the decisions of the employer that involve unfavorable treatment of workers as a reaction to a claim made in the company or to an administrative or judicial action aimed at demanding compliance with the principle of equal treatment and non-discrimination.» «13 bis. Harassment based on racial or ethnic origin, religion or convictions, disability, age and sexual orientation, and harassment based on sex, when they occur within the scope of the powers of business management, regardless of the active subject of the same, provided that, known by the employer, he had not adopted the necessary measures to prevent it.» «17. Not to prepare or not to apply the equality plan, or to do so in manifest breach of the terms provided, when the obligation to carry out said plan responds to the provisions of section 2 of article 46 bis of this Law.» Three. The first paragraph of article 46 is modified, being worded in the following terms: "Without prejudice to the sanctions referred to in article 40.1 and except for what is established in article 46 bis) of this Law, employers who have committed very serious infractions typified in articles 16 and 23 of this Law in matters of employment and of unemployment protection.” Four. A new Subsection 3rd bis is added in Section 2nd of Chapter VI, comprehensive of a new article 46 bis, in the following terms: «Third bis subsection. Equality Responsibilities Article 46 bis. Specific business responsibilities. 1. Entrepreneurs who have committed the very serious offenses defined in sections 12, 13 and 13 bis) of article 8 and in section 2 of article 16 of this Law will be sanctioned, without prejudice to the provisions of section 1 of article 40, with the following accessory sanctions: a) Automatic loss of aid, bonuses and, in general, of the benefits derived from the application of employment programs, with effect from the date on which the infraction was committed, and b) Automatic exclusion from access to such benefits for six months. 2. Notwithstanding the foregoing, in the case of very serious offenses defined in section 12 of article 8 and in section 2 of article 16 of this Law Page 46 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Referring to cases of direct or indirect discrimination based on sex, the accessory sanctions referred to in the previous section may be replaced by the preparation and application of an equality plan in the company, if so determined by the labor authority. authority upon request from the company and a mandatory report from the Labor and Social Security Inspectorate, under the terms established by regulation, suspending the limitation period for said accessory sanctions. In the event that the equality plan is not drawn up or not applied or is done in manifest breach of the terms established in the resolution of the labor authority, the latter, at the proposal of the Labor and Social Security Inspectorate, without prejudice to the imposition of the sanction that corresponds for the commission of the infraction typified in section 17 of article 8, will leave without effect the substitution of the accessory sanctions, which will be applied in the following way: a) The automatic loss of aid, bonuses and benefits referred to in letter a) of the previous section will be applied with effect from the date on which the infraction was committed; b) The exclusion of access to such benefits will be for six months from the date of the resolution of the labor authority by which it is agreed to nullify the suspension and apply the accessory sanctions.» Fifteenth additional provision. Modification of the Royal Decree Law that regulates the bonuses of Social Security contributions of interim contracts that are celebrated with unemployed people to replace workers during rest periods for maternity, adoption or foster care. Article 1 of Royal Decree Law 11/1998, of September 4, is modified, which regulates the bonuses of Social Security contributions of interim contracts that are celebrated with unemployed people to replace workers during rest periods by maternity, adoption or foster care, which is written in the following terms: «They will give the right to a 100% bonus in Social Security business contributions, including those for work-related accidents and professional illnesses, and in business contributions of joint collection fees: a) Interim contracts signed with unemployed people to replace workers whose work contract has been suspended due to risk during pregnancy or risk during breastfeeding and until the corresponding suspension of the contract due to biological maternity begins or the infant reaches nine months, respectively, or, in both cases, when the impossibility of the worker to return to her previous job or another compatible with her status disappears. b) Interim contracts entered into with unemployed persons to replace workers who have had their employment contract suspended during rest periods due to maternity, adoption and pre-adoptive or permanent foster care or who enjoy suspension due to paternity under the terms established in articles 48.4 and 48 bis of the Workers' Statute. The maximum duration of the bonuses provided for in this section b) will coincide with that of the respective suspensions of the contracts referred to in the articles cited in the previous paragraph. In the event that the worker does not exhaust the period of rest or leave to which he is entitled, the benefits will expire at the time of his incorporation into the company. c) Interim contracts entered into with unemployed persons to replace self-employed workers, worker partners or work partners of cooperatives, in cases of risk during pregnancy or risk during breastfeeding, rest periods due to maternity, adoption and Page 47 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION foster care or suspension for paternity, in the terms established in the preceding paragraphs.” Sixteenth additional provision. Amendments to the Law on Urgent Measures to Reform the Labor Market to increase employment and improve its quality. The second additional provision of Law 12/2001, of July 9, of Urgent Measures to Reform the Labor Market to increase employment and improve its quality, which is written in the following terms: «Second additional provision. Reductions in Social Security contributions for workers on leave due to maternity, adoption, foster care, risk during pregnancy, risk during breastfeeding or suspension due to paternity. To the contribution of workers or worker partners or work partners of cooperatives, or self-employed or self-employed workers, replaced during rest periods by maternity, adoption, foster care, paternity, risk during pregnancy or risk during Breastfeeding, through subsidized interim contracts, entered into with the unemployed referred to in Royal Decree-Law 11/1998, of September 4, will apply to them: a) A bonus of 100% in Social Security business contributions, including those for accidents at work and professional illnesses, and in business contributions of joint collection fees in the case of workers covered by a Social Security regime. owned by employed workers. b) A bonus of 100% of the quota resulting from applying the type of contribution established as obligatory for workers included in a Social Security scheme for self- employed workers on the minimum or fixed basis. This bonus will only be applicable while the suspension of activity for said reasons coincides in time with the interim contract of the substitute and, in any case, with the maximum limit of the period of suspension.» Seventeenth additional provision. Modifications of the Employment Law. A new article 22 bis is added to Law 56/2003, of December 16, on Employment, in the following terms: «Article 22 bis. Discrimination in access to employment. 1. The public employment services, their collaborating entities and the non-profit placement agencies, in the management of labor intermediation must specifically ensure to avoid discrimination in access to employment. The managers of the labor intermediation when, in the offers of placement, they appreciate discriminatory character, they will communicate it to those who had formulated the offer. 2. In particular, offers referring to one of the sexes will be considered discriminatory, unless it is an essential professional requirement that determines the activity to be carried out. In any case, the offer referred to only one of the sexes based on job requirements related to physical effort shall be considered discriminatory.» Page 48 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Eighteenth additional provision. Modifications of the General Law of Social Security. The revised text of the General Social Security Law, approved by Royal Legislative Decree 1/1994, of June 20, is modified as follows: One. The first paragraph of letter c) of section 1 of article 38 is modified, which is written in the following terms: «c) Financial benefits in situations of temporary incapacity; maternity; paternity; risk during pregnancy; risk during breastfeeding; disability, in its contributory and non- contributory modalities; retirement, in its contributory and non-contributory modalities; unemployment, in its contributory and assistance levels; death and survival; as well as those granted in contingencies and special situations that are determined by regulation by Royal Decree, at the proposal of the Minister of Labor and Social Affairs.» Two. Section 4 of article 106 is modified, which is worded in the following terms: "4. The obligation to contribute will continue in the situation of temporary disability, whatever its cause, in maternity, paternity, risk during pregnancy and risk during breastfeeding, as well as in other situations provided for in article 125 in which it is established by regulation.» Three. Section 3 of article 124 is modified, which is worded in the following terms: "3. Quotas corresponding to the situation of temporary disability, maternity, paternity, risk during pregnancy or risk during breastfeeding will be computed for the purposes of the different previous contribution periods required for the right to benefits.» Four. A new section 6 is added to article 124, with the following content: «6. The maternity or paternity period that subsists on the date of termination of the employment contract, or that begins during the receipt of the unemployment benefit, will be considered as an effective contribution period for the purposes of the corresponding Social Security retirement benefits. , permanent disability, death and survival, maternity and paternity.” Five. Section 1 of article 125 is modified, which is worded in the following terms: "1. The legal situation of total unemployment during which the worker receives a benefit for said contingency will be assimilated to that of registration. Likewise, the situation of the worker during the period corresponding to paid annual vacations that have not been enjoyed by the same prior to the termination of the contract.» Six. Chapter IV bis of Title II is amended, which is worded in the following terms: «CHAPTER IV BIS Maternity First section. overall assumption Article 133 bis. protected situations. For the purposes of the maternity benefit provided for in this Section, maternity, adoption and foster care, both pre-adoptive and permanent or simple, are considered protected situations in accordance with the Civil Code or the Page 49 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION civil laws of the Autonomous Communities that regulate it, provided that, in the latter case, its duration is not less than one year, and even if said foster care is provisional, during the rest periods that are enjoyed due to such situations, in accordance with the provided for in article 48.4 of the Consolidated Text of the Workers' Statute, approved by Royal Legislative Decree 1/1995, of March 24, and in article 30.3 of Law 30/1984, of August 2, on Measures for the civil service reform. Article 133 ter. Beneficiaries. 1. Employed workers, whatever their sex, who enjoy the breaks referred to in the previous article, will be beneficiaries of the maternity subsidy, provided that, meeting the general condition required in article 124.1 and the others established by regulation , prove the following minimum contribution periods: a) If the worker is under 21 years of age on the date of delivery or on the date of the administrative or judicial decision of fostering or of the judicial resolution establishing the adoption, no minimum contribution period will be required. b) If the worker is between 21 and 26 years of age on the date of delivery or on the date of the administrative or judicial decision of foster care or of the judicial resolution by which the adoption is constituted, the minimum contribution period required It will be 90 days quoted within the seven years immediately prior to the start of the break. The aforementioned requirement will be considered fulfilled if, alternatively, the worker accredits 180 days of contributions throughout his working life, prior to this last date. c) If the worker is over 26 years of age on the date of delivery or on the date of the administrative or judicial decision of foster care or of the judicial resolution by which the adoption is constituted, the minimum contribution period required will be 180 days within the seven years immediately prior to the start of the break. The aforementioned requirement will be considered fulfilled if, alternatively, the worker accredits 360 days of contributions throughout his working life, prior to this last date. 2. In the event of childbirth, and with exclusive application to the biological mother, the age indicated in the previous section will be the one that the interested party has reached at the time the rest begins, taking the time of childbirth as a reference for the purpose of verifying the accreditation of the minimum contribution period that, where appropriate, corresponds. 3. In the cases provided for in the penultimate paragraph of article 48.4 of the revised text of the Workers' Statute Law, approved by Royal Legislative Decree 1/1995, of March 24, and in the eighth paragraph of article 30.3 of the Law 30/1984, of August 2, of measures for the reform of the Public Function, the age indicated in section 1 will be the one that the interested parties have reached at the time of the beginning of the rest, taking as a reference the moment of the resolution to effects of verifying the accreditation of the minimum contribution period that, in its case, corresponds. Article 133 quater. Economic benefit. The economic benefit for maternity will consist of a subsidy equivalent to 100% of the corresponding regulatory base. For such purposes, the regulatory base will be equivalent to that established for the provision of temporary disability, derived from common contingencies. Article 133 quinquies. Loss or suspension of entitlement to maternity allowance. The right to maternity subsidy may be denied, annulled or suspended, when the beneficiary has acted fraudulently to obtain or Page 50 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION retain said benefit, as well as when working on their own or for someone else during the corresponding rest periods. Second section. special assumption Article 133 sexies. Beneficiaries. Employed workers who, in the event of childbirth, meet all the requirements established to access the maternity benefit regulated in the previous Section, except for the minimum contribution period established in article 133b. Article 133f. Economic benefit. The amount of the benefit will be equal to 100% of the public indicator of income for multiple purposes (IPREM) in force at any time, unless the regulatory base calculated in accordance with article 133 quater or the seventh additional provision is of a lower amount, in which case it will be to this one. The duration of the benefit, which will be considered non-contributory for the purposes of article 86, will be 42 calendar days from the date of delivery, and the right may be denied, annulled or suspended for the same reasons established in article 133 quinquies. » Seven. The current Chapter IV ter of Title II, becomes Chapter IV quater, introducing in said Title a new Chapter IV ter, with the following wording: «CHAPTER IV TER Paternity Article 133 octies. Protected situation. For the purposes of the paternity benefit, the birth of a child, adoption and foster care, both pre-adoptive and permanent or simple, will be considered protected situations, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that , in the latter case, its duration is not less than one year, and even if said foster care is provisional, during the period of suspension that, due to such situations, is enjoyed in accordance with the provisions of article 48. bis of the consolidated text of the Law of the Statute of Workers, approved by Royal Legislative Decree 1/1995, of March 24, or during the period of leave that is enjoyed, in the same cases, in accordance with the provisions of letter a) of article 30.1 of Law 30/1984, of August 2, on Measures for the reform of the Public Function. Article 133 nonies. Beneficiaries. Employed workers who enjoy the suspension referred to in the previous article will be beneficiaries of the paternity subsidy, provided that, meeting the general condition required in article 124.1, they prove a minimum contribution period of 180 days, within seven years. immediately prior to the start date of said suspension, or, alternatively, 360 days throughout their working life prior to the aforementioned date, and meet the other conditions determined by regulation. Article 133 decies. Economic benefit. The economic benefit for paternity will consist of a subsidy that will be determined in the manner established by article 133 quater for the maternity benefit, and may be denied, canceled or suspended for the same reasons established for the latter.» Page 51 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Eight. Article 134 of the consolidated text of the General Social Security Law, approved by Royal Legislative Decree 1/1994, of June 20, is modified in the following terms: «Article 134. Protected situation. For the purposes of the economic benefit for risk during pregnancy, the period of suspension of the employment contract is considered a protected situation in the cases in which, the working woman must change her job for another compatible with her status, in the terms provided for in article 26, section 3, of Law 31/1995, of November 8, on the Prevention of Occupational Risks, said change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons. The benefit corresponding to the situation of risk during pregnancy It will have the nature of benefit derived from professional contingencies.» Nine. Article 135 of the consolidated text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of June 20, is modified, which is worded in the following terms: Article 135. Financial benefit. "1. The economic benefit for risk during pregnancy will be granted to the working woman in the terms and conditions provided in this Law for the economic benefit of temporary disability derived from professional contingencies, with the particularities established in the following sections. 2. The economic benefit will be born on the day on which the suspension of the employment contract begins and will end the day before the suspension of the employment contract due to maternity or the reincorporation of the working woman to her job begins. above or another compatible with your state. 3. The economic benefit will consist of a subsidy equivalent to 100% of the corresponding regulatory base. For such purposes, the regulatory base will be equivalent to that established for the provision of temporary disability, derived from professional contingencies. 4. The management and payment of the economic benefit for risk during pregnancy will correspond to the Managing Entity or the Mutual Insurance Company for Occupational Accidents and Occupational Illnesses of the Social Security, depending on the entity with which the company has arranged coverage for professional risks." Ten. A new Chapter IV quinquies is added to Title II, with the following wording: «CHAPTER IV QUINQUIES Risk during breastfeeding Article 135 bis. Protected situation. For the purposes of the economic benefit for risk during breastfeeding, the period of suspension of the employment contract is considered a protected situation in the cases in which, the working woman must change her job for another compatible with her situation, in which terms provided in article 26.4 of Law 31/1995, of November 8, on the prevention of occupational risks, said change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons. Article 135 ter. Economic benefit. The economic benefit for risk during breastfeeding will be granted to the working woman in the terms and conditions provided in this law for the economic benefit for risk during pregnancy, and will be extinguished at the time the child reaches nine months, unless the beneficiary has rejoined Page 52 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION prior to your previous job or another compatible with your situation.» Eleven. Letter b) of section 1 of article 172 is modified, which is worded in the following terms: "b) The recipients of subsidies for temporary disability, risk during pregnancy, maternity, paternity or risk during breastfeeding, who complete the contribution period that, where appropriate, is established." Twelve o'clock. Article 180 is modified, which is worded in the following terms: «Article 180. Benefits. 1. The first two years of the period of leave that workers, in accordance with article 46.3 of the Workers' Statute Law, enjoy due to the care of each fostered child or minor, in the cases of permanent or pre-adoptive foster care Although these are provisional, they will be considered as the effective contribution period for the purposes of the corresponding Social Security benefits for retirement, permanent disability, death and survival, maternity and paternity. The effective contribution period referred to in the preceding paragraph will have a duration of 30 months if the family unit of which the minor is a part, due to whose care the leave of absence is requested, is considered a large family of a general category, or 36 months, if you have the special category. 2. Likewise, for the purposes of the benefits indicated in the previous section, the first year of the period of leave that the workers enjoy, in accordance with article 46.3 of the Workers' Statute Law, in Reason for caring for other relatives, up to the second degree of consanguinity or affinity, who, for reasons of age, accident, illness or disability, cannot fend for themselves, and do not carry out a paid activity. 3. The contributions made during the first two years of the period of reduced working hours for child care provided for in article 37.5 of the Workers' Statute Law, will be computed increased up to 100 percent of the amount that would have corresponded if would have maintained the working day without said reduction, for the purposes of the benefits indicated in section 1. Said increase will exclusively refer to the first year in the rest of the cases of reduction of the working day contemplated in the aforementioned article. 4. When the situations of leave indicated in sections 1 and 2 have been preceded by a reduction in working hours in the terms provided for in article 37.5 of the Workers' Statute Law, for the purposes of considering them as quoted for the periods of corresponding leave of absence, the contributions made during the reduction in working hours will be computed increased up to 100 per 100 of the amount that would have corresponded if the working day had been maintained without said reduction.» Thirteen. A new section 5 is added to article 211, in the following terms: "5. In the cases of reduced working hours provided for in sections 4 bis, 5 and 7 of article 37 of the Workers' Statute Law, for the calculation of the regulatory base, the contribution bases will be computed increased up to one hundred percent of the amount that would have corresponded if the full-time or part-time job had been maintained without reduction. If the legal situation of unemployment occurs while the worker is in the situations of reduced working hours mentioned, the maximum and minimum amounts referred to in the previous sections will be determined taking into account the public indicator of income for multiple purposes based on the hours worked before the reduction of the day.» Fourteen. Section 1 of article 217 is modified, being worded in the following terms: Page 53 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION "1. The amount of the subsidy will be equal to 80% of the public indicator of monthly multiple effects income, valid at all times. In the case of unemployment due to loss of a part-time job, it is also will receive the amount indicated above.» Fifteen. Section 2 of article 222 is modified, which is worded in the following terms: "two. When the worker is in a situation of maternity or paternity and during them his contract is terminated for any of the reasons provided for in section 1 of article 208, he will continue to receive the maternity or paternity benefit until said situations are extinguished, passing then to the legal situation of unemployment and receiving, if you meet the necessary requirements, the corresponding benefit. In this case, the time spent in a maternity or paternity situation will not be deducted from the period of receipt of the contributory unemployment benefit.» Sixteen. The third and fourth paragraphs of section 3 of article 222 are modified, which are written in the following terms: “When the worker is receiving the total unemployment benefit and passes to the situation of maternity or paternity, he will receive the benefit for these last contingencies in the corresponding amount. The period of receiving the unemployment benefit will not be extended due to the fact that the worker becomes temporarily incapacitated. During this situation, the Managing Entity of the unemployment benefits will continue to pay the Social Security contributions in accordance with the provisions of paragraph b) of section 1 of article 206.» Seventeen. A new fifth paragraph is added to section 3 of article 222, in the following terms: «If the worker passes to the situation of maternity or paternity, the unemployment benefit and the aforementioned Social Security contribution will be suspended and he will begin to receive the maternity or paternity benefit, managed directly by his Managing Entity. Once the maternity or paternity benefit has expired, the unemployment benefit will be resumed, under the terms set forth in article 212.3.b), for the duration that remained to be received and the amount that corresponded at the time of suspension.» Eighteen. The sixth additional provision is modified, which is worded in the following terms: «Sixth additional provision. Protection of workers hired for training. The protective action of the Social Security of the worker hired for training will include, as contingencies, protectable situations and benefits, those derived from work accidents and professional illnesses, health care in cases of common illness, non- occupational accident and maternity, economic benefits for temporary disability derived from common risks, for maternity and paternity, for risk during pregnancy and risk during breastfeeding and pensions.» Nighteen. The seventh additional provision is modified in the following terms: 1. Letter a) of the second rule of section 1 of the additional provision is modified seventh, which is written in the following terms: «a) To accredit the contribution periods necessary to cause entitlement to retirement benefits, permanent disability, death and survival, temporary disability, maternity and paternity, only the contributions made based on the hours worked, both ordinary and complementary, will be computed. , calculating its equivalence in theoretical trading days. To this end, the number of hours actually worked will be divided by five, daily equivalent of the calculation of one thousand eight hundred and twenty-six hours per year.» Page 54 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 2. Letter a) of the third rule of section 1 of the additional provision is modified seventh, which is written in the following terms: «a) The regulatory base for retirement and permanent disability benefits will be calculated in accordance with the general rule. For maternity and paternity benefits, the daily regulatory base will be the result of dividing the sum of the contribution bases accredited in the company during the year prior to the date of the causal event by 365.» Twenty. Section 4 of the eighth additional provision is modified, which remains drafted in the following terms: "4. The provisions of articles 134, 135, 135 bis, 135 ter and 166 shall be applicable, where appropriate, to workers employed by special schemes. The provisions of articles 112 bis and 162.6 shall also apply to workers employed by others in the special regimes, with the exception of those included in the special agrarian and domestic employee regimes. Likewise, the provisions of articles 134, 135, 135 bis, 135 ter and 166 will be applicable to self-employed workers included in the special regimes for maritime, agricultural and self-employed workers, under the terms and conditions established established by regulation." Twenty-one. The eleventh additional provision bis is modified, which is worded in the following terms: «Eleventh bis additional provision. Benefits for maternity and paternity in the Special Regimes. 1. Employed and self-employed workers included in the different Special Regimes of the system will be entitled to the benefits established in Chapter IV bis and in Chapter IV ter of Title II of this Law, with the same extension and in the same terms and conditions provided therein for workers of the General Scheme. 2. In the case of self-employed workers, the periods during which they will be entitled to receive maternity and paternity benefits will coincide, in terms of both their duration and their distribution, with the established work rest periods. for employed workers, payment of the paternity subsidy may begin from the moment of the child's birth. Self- employed workers may also receive the subsidy for maternity and paternity on a part- time basis, under the terms and conditions established by regulation. 3. Both for self-employed workers included in the different Special Schemes and for workers belonging to the Special Scheme for Domestic Employees who are responsible for the obligation to contribute, it will be an essential requirement for the recognition and payment of the benefit that the interested parties are up to date in the payment of Social Security contributions.» Twenty two. A new wording is given to the eleventh additional provision ter, which remains drafted in the following terms: «Eleventh additional provision ter. Management of economic benefits for maternity and paternity. The management of the economic maternity and paternity benefits regulated in this law will correspond directly and exclusively to the corresponding managing entity.» Twenty three. A new forty-fourth additional provision is introduced, in the following terms: Page 55 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION «Forty-fourth additional provision. Assimilated contribution periods by childbirth. For the purposes of the contributory retirement and permanent disability pensions of any Social Security regime, a total of 112 full days of contributions will be computed in favor of the worker requesting the pension for each birth of a single child and 14 more days for each child after the second, this one included, if the birth was multiple, except if, because she was a worker or civil servant at the time of the birth, she had contributed during the entire sixteen weeks or, if the birth was multiple, during the corresponding time.» Nineteenth additional provision. Modifications to the Law of Measures for the Reform of the Public Function. The following precepts of Law 30/1984, of August 2, on Measures for the Civil Service Reform: One. The second paragraph of article 29.4 is modified, which is worded as follows: "They will also be entitled to a period of leave of no more than three years, officials to care for a family member who is in their charge, up to the second degree inclusive of consanguinity or affinity, who for reasons of age, accident , illness or disability cannot fend for himself and does not carry out paid activity.» Two. The fifth paragraph of article 29.4 is modified, which is worded as follows way: «The period of permanence in this situation will be computable for the purposes of trienniums, consolidation of personal degree and passive rights. Officials may participate in training courses called by the Administration. During the first two years, they will have the right to reserve the job they held. After this period, said reserve will be for the position in the same location and of the same level and remuneration.» Three. The current sixth paragraph of article 29.4 is deleted. Four. The name of article 29.8 is modified, which is worded as follows: "Leave of absence due to gender-based violence against female officials." Five. A paragraph is added, after the first paragraph of article 29.8, with the following wording: Likewise, during the first two months of this leave of absence, the civil servant will be entitled to receive full remuneration and, where appropriate, family benefits for a dependent child. Six. Letter a) of article 30.1 is modified, with the following wording: "1. Permits will be granted for the following justified reasons: a) For the birth, fostering, or adoption of a child, fifteen days to be enjoyed by the father from the date of birth, from the administrative or judicial decision of fostering or from the judicial resolution by which the adoption is constituted. » Seven. A new letter a bis) is created in article 30.1, with the following wording: «a bis) For the death, accident or serious illness of a family member within the first degree of consanguinity or affinity, three working days when the event occurs in the same locality, and five working days when it is in a different locality. In the case of the death, accident or serious illness of a family member within the second degree of consanguinity or affinity, the permit will be two business days when the event occurs in the same locality and four business days when it is in a different locality.» Eight. Letter f) of article 30.1 is modified and two paragraphs are added to said letter, leaving the wording as follows: Page 56 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION «The civil servant, for nursing a child under twelve months, will be entitled to one hour of daily absence from work, which may be divided into two fractions. This right may be replaced by a reduction of the normal working day by half an hour at the beginning and at the end of the working day, or by one hour at the beginning or at the end of the working day, with the same purpose. This right may be exercised indistinctly by one or the other of the parents, in the event that both work. Likewise, the civil servant may request the substitution of breastfeeding time for paid leave that accumulates the corresponding time in full days. This permission will be increased proportionally in cases of multiple births.» Nine. The first paragraph of letter f bis) of article 30.1 is amended to read as follows: «f bis) In the cases of premature births or children who for any reason must remain hospitalized after delivery, the civil servant shall have the right to be absent from work for a maximum of two hours receiving full remuneration. Likewise, they will have the right to reduce their working day to a maximum of two hours, with the proportional reduction of their remuneration.» Ten. The first paragraph of letter g) of article 30.1 is modified, which is now worded as follows: «g) The official who, for reasons of legal guardianship, has in his direct care someone under twelve years of age, an elderly person who requires special dedication or a person with a disability, who does not carry out paid activity, will have the right to reduce his working day. of work." Eleven. A letter g bis) is added to article 30.1 with the following wording: «g bis) The official who needs to attend to the care of a relative in the first degree, will have the right to request a reduction of up to fifty percent of the working day, on a paid basis, for reasons of very serious illness and for the maximum term of one month. If there is more than one holder of this right for the same causal event, the time of enjoyment of this reduction may be apportioned between them, respecting, in any case, the maximum period of one month.» Twelve o'clock. The following is added at the end of article 30.2: «... and for duties arising from the reconciliation of family and work life.» Thirteen. Article 30.3 is modified, which is worded as follows: «In the event of childbirth, the duration of the permit will be sixteen uninterrupted weeks, extendable in the case of multiple births by two more weeks for each child after the second. The leave will be distributed at the option of the official provided that six weeks are immediately after delivery. In the event of the death of the mother, the other parent may make use of all or, where appropriate, the remaining part of the permit. Notwithstanding the foregoing, and without prejudice to the six weeks immediately following the birth of mandatory rest for the mother, in the event that both parents work, the mother, at the beginning of the maternity leave period, may choose that the other father enjoys a certain and uninterrupted part of the rest period after childbirth, either simultaneously or successively with that of the mother. The other parent may continue to enjoy the initially assigned maternity leave, even if at the time scheduled for the mother's return to work she is in a situation of temporary disability. In cases of premature delivery and in those in which, for any other reason, the newborn must remain hospitalized after delivery, the period of suspension will be extended by as many days as the newborn is hospitalized, with a maximum of thirteen additional weeks. . In cases of adoption or foster care, both pre-adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that the simple foster care is of Page 57 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION duration of not less than one year, and regardless of the age of the minor, the permit will have a duration of sixteen uninterrupted weeks, extendable in the case of multiple adoption or fostering by two more weeks for each child from the second, counted at the election of the official, either from the administrative or judicial decision of fostering or from the judicial resolution by which the adoption is constituted, without in any case the same minor being able to give the right to several periods of enjoyment of this permission. In the event that both parents work, the permit will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively, always with uninterrupted periods. In the event of disability of the adopted or fostered child or minor, the leave referred to in this section will have an additional duration of two weeks. In the event that both parents work, this additional period will be distributed at the option of the interested parties, who may enjoy it simultaneously or successively and always without interruption. In cases of simultaneous enjoyment of rest periods, the sum of the same may not exceed the sixteen weeks provided for in the previous sections or those that correspond in the event of childbirth, adoption or multiple foster care and disability of the adopted child or minor. or welcomed. The permits referred to in this section may be enjoyed on a full-time or part-time basis, at the request of officials and if the needs of the service allow it, under the terms determined by regulation. In cases of international adoption, when the prior displacement of the parents to the adoptee's country of origin is necessary, the official will have the right to enjoy a permit of up to two months duration, receiving only the basic remuneration during this period. Regardless of the permit provided for in the preceding paragraph, and for the assumption contemplated therein, the permit for adoption and foster care, both pre- adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it. , provided that the simple fostering lasts no less than one year, it may start up to four weeks before the resolution establishing the adoption. During the enjoyment of the permits regulated in this section, participate in training courses called by the Administration. In the cases provided for in this section, the time elapsed in the situation of childbirth or maternity leave will be computed as effective service for all purposes, guaranteeing the full economic rights of the civil servant and, where appropriate, of the other civil servant parent. , throughout the duration of the leave, and, if applicable, during the periods after the leave is enjoyed, if in accordance with the applicable regulations, the right to receive any remuneration concept is determined based on the period of enjoy the leave . Officials who have made use of maternity or childbirth leave will have the right, once the leave period has ended, to return to their job under terms and conditions that are no less favorable to the enjoyment of the leave, as well as to benefit from any improvement in working conditions to which he might have been entitled during his absence." Twenty additional provision. Amendments to the Armed Forces Personnel Regime Law. Law 17/1999, of May 18, on the Armed Forces Personnel Regime, is modified as follows: One. New wording is given to article 108.2: "two. The composition, incompatibilities and operating rules of the evaluation bodies will be determined by regulation, adapting as much as possible to the principle of balanced composition in the terms defined in the Organic Law for the effective equality of women and men. In any case, they will be made up of military personnel with higher employment than those evaluated.” Page 58 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Two. A new fourth section is included in article 112, with the following wording: "4. Women will be given special protection in situations of pregnancy, childbirth and postpartum to meet the conditions for promotion to all professional military jobs." Three. New wording is given to article 132, in the following terms: «During the period of pregnancy and following an optional report, the professional military woman may be assigned to an organic position or task other than the one she was occupying, which is appropriate to the circumstances of her condition. In the cases of childbirth or adoption, the corresponding permits of the mother and father will be entitled, in accordance with the current legislation for the personnel at the service of the Public Administrations. The application of these assumptions will not mean loss of the destination.» Four. New wording is given to article 141.1.e), which is worded as follows: «e) They request it to attend to the care of the children or in the case of fostering, both pre- adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional, of minors up to six years of age, or of minors who are over six years of age in the case of disabled minors or who, due to their circumstances and personal experiences or because they come from abroad, have special difficulties in social and family integration duly accredited by the competent social services. Those who request it to be in charge of the direct care of a family member, up to the second degree of consanguinity or affinity, who for reasons of age, accident or illness cannot take care of themselves, will also be entitled to a period of leave of no more than one year. himself and does not carry out paid activity. The situation of voluntary leave of absence may not be granted for these reasons when the spouse or person with a similar affective relationship or another family member of the military officer had been recognized the rights derived from this administrative situation and in relation to the same causer. The situation of voluntary leave will also be passed by family grouping when the spouse resides in another municipality for having obtained a permanent job in any of the Public Administrations or a destination of those contemplated in article 126.» Five. A new section 6 is included in article 148, with the following wording: «6. Complementary military personnel and professional military troops and sailors who, at the time of ending their service relationship with the Armed Forces, were in a situation of temporary disability due to accident or illness arising from the service, or in a situation of pregnancy, childbirth or postpartum, they will not be discharged from the Armed Forces and their commitment will be extended until these situations end. Twenty-first additional provision. Modifications of the Law of Civil Servants of the State. Section 3 of article 69 of the articulated text of the Law on Civil Officials of the State, approved by Decree 315/1964, of February 7, is written as follows: "3. When the circumstances referred to in numbers 3 and 4 of article 26 of Law 31/1995, of November 8, on the Prevention of Occupational Risks, affect an official included in the scope of application of administrative mutualism, leave may be granted for risk during pregnancy or license for risk during lactation under the same terms and conditions as those provided for in the previous numbers.» Page 59 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Twenty-second additional provision. Modification of Law 55/2003, of the Framework Statute of Statutory Personnel of Health Services. One. Section 3 of article 59 of Law 55/2003, of the framework statute of the statutory staff of health services, with the following text: "3. The special measures provided for in this article may not affect staff who are on maternity leave or leave due to risk during pregnancy or due to risk during breastfeeding.» Two. Section 2 of article 61 of Law 55/2003, of the framework statute of the statutory staff of health services with the following text: "two. The statutory personnel will have the right to enjoy the system of permits and licenses, including leave due to risk during pregnancy, established for public officials by Law 39/1999, of November 5, on conciliation of family and work life of the working people and by the organic law for the effective equality of women and men.” Twenty-third additional provision. Articles 22 and 12.b) of the Law on Social Security of State Civil Servants, approved by Royal Legislative Decree 4/2000, of June 23, which henceforth will have the following wording, are modified: «Article 22. Situation of risk during pregnancy or risk during lactation. The situation of the civil servant woman who has obtained leave due to risk during pregnancy or risk during breastfeeding of children under nine months, in the terms provided in article 69 of the Text, will have the same consideration and effects as the situation of temporary incapacity. Articles of the Law of Civil Servants of the State.” «Article 12. Benefits. b) Subsidies for temporary disability, risk during pregnancy or risk during breastfeeding. Twenty-fourth additional provision. Amendments to the Civil Guard Corps Personnel Regime Law. Law 42/1999, of November 25, on the Civil Guard Corps Personnel Regime, is amended as follows: One. New wording is given to article 56.2: "two. The composition, incompatibilities and operating rules of the evaluation bodies will be determined by regulation, adapting whenever possible to the principle of balanced composition in the terms defined in the Organic Law for the effective equality of women and men. In any case, they will be made up of Civil Guard Corps personnel with greater employment or seniority than those evaluated.» Two. A new sixth section is included in article 60, with the following wording: «6. Women will be given special protection in situations of pregnancy, childbirth and postpartum to meet the conditions for promotion to all jobs in the Civil Guard Corps." Three. New wording is given to article 75: «During the period of pregnancy and following an optional report, the civil guard woman may be assigned an organic position or task different from the one she was occupying, appropriate to the circumstances of her state. In the cases of childbirth or adoption, you will be entitled to the corresponding maternity and paternity leave, in accordance with the current legislation for the personnel at the service of the Page 60 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Public administrations. The application of these assumptions will not mean loss of the destination.» Four. New wording is given to article 83.1 e), which is worded as follows: «e) They request it to attend to the care of the children or in the case of fostering, both pre-adoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that its duration is not less than one year, even if these are provisional, of minors up to six years of age, or of minors who are over six years of age in the case of disabled minors or who, due to their circumstances and personal experiences or because they come from abroad, have special difficulties in social and family integration duly accredited by the competent social services. Those who request it to be in charge of the direct care of a family member, up to the second degree of consanguinity or affinity, who, for reasons of age, accident or illness, cannot use it, will also be entitled to a period of leave of no more than one year. by himself, and that he does not carry out paid activity. These rights may not be exercised simultaneously by two or more guards. civilians in relation to the same cause." Twenty-fifth additional provision. Modification of the General Law for the Defense of Consumers and Users. New wording is given to section 10 of article 34 of Law 26/1984, of July 19, General for the Defense of Consumers and Users, passing its current content to constitute a new section 11: «10. Discriminatory conduct in access to goods and the provision of services, and especially those provided for as such in the Organic Law for the effective equality of women and men.» Twenty-sixth additional provision. Modification of the Corporations Law. The ninth indication of article 200 of the Corporations Law, consolidated text approved by Royal Legislative Decree 1564/1989, of December 22, is modified, which is worded in the following terms: "The average number of people employed during the year, expressed by category, as well as the personnel expenses that refer to the year, distributed as provided in article 189, section A.3, when they are not recorded in the Profit and loss. The distribution by sex at the end of the exercise of the company's personnel, broken down into a sufficient number of categories and levels, among which will be that of senior managers and that of directors.» Twenty-seventh additional provision. Amendments to the Law creating the Women's Institute. A new article 2 bis is added to Law 16/1983, of October 24, creating the Women's Institute, in the following terms: «Article 2 bis. In addition to those attributed in the previous article and other regulations in force, the Women's Institute will exercise, independently, the following functions: a) the provision of assistance to victims of discrimination to process your claims of discrimination; b) carrying out studies on discrimination; c) the publication of reports and the formulation of recommendations on any issue related to discrimination. Page 61 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Twenty-eighth additional provision. Appointment of the Women's Institute. The Women's Institute will be the competent body in the Kingdom of Spain for the purposes of the provisions of article 8 bis of Directive 76/207, of February 9, 1976, modified by Directive 2002/73, of the European Parliament and of the Council, of September 23, 2002, on the application of the principle of equal treatment between men and women with regard to access to employment, professional training and promotion, and working conditions and in the Article 12 of Directive 2004/113, of the Council, of December 13, 2004, on the application of the principle of equal treatment between men and women in access to goods and services and their supply. Twenty-ninth additional provision. A new third additional provision is added to Law 5/1984, of March 26, regulating the right to asylum and refugee status, in the following terms: «Third additional provision. The provisions of section 1 of article 3 shall apply to foreign women who flee their countries of origin due to a well-founded fear of suffering persecution for reasons of gender.» Thirtieth additional provision. Amendments to the Law on the Organization of the Special Penitentiary Corps and the Creation of the Corps of Penitentiary Institutions Assistants. Law 36/1977, of May 23, on the Organization of Special Bodies Penitentiaries and Creation of the Corps of Assistants of Penitentiary Institutions, is modified as follows: One. New wording is given to article 1: «The Corps of Penitentiary Institutions Assistants will be made up of official personnel, guaranteeing access to it in the terms defined in the Organic Law for the effective equality of women and men.» Two. New wording is given to the first transitory provision: «The current male and female scales of the Corps of Penitentiary Institutions Assistants are extinguished and their officials are fully integrated into the Corps of Penitentiary Institutions Assistants.» Thirty-first additional provision. Extension to other groups. The necessary provisions will be adopted to apply the provisions of the eleventh additional provision. Ten, in relation to premature births, to groups not included in the scope of application of the Workers' Statute. First transitional provision. Temporary regime of appointments. The rules on composition and balanced representation contained in this Law will apply to appointments that occur after its entry into force, without affecting those already made. Second transitory provision. Regulatory regulation of transience in relation to the business distinctive in matters of equality. By regulation, for the purposes of obtaining the business distinction in matters of equality regulated in Chapter IV of Title IV of this Law, the conditions for validation of the qualifications attributed to companies in accordance with the previous regulations will be determined. Page 62 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Third transitory provision. Transitional regime of procedures. Administrative and judicial procedures already initiated prior to the entry into force of this Law will not be subject to the same, governed by the previous regulations. Fourth transitory provision. Regime of application of the duty to negotiate in matters of equality. The provisions of article 85 of the Workers' Statute in terms of equality, according to the wording given by this Law, will be applicable in the subsequent negotiation to the first denunciation of the agreement that occurs from the entry into force of the same. . Fifth transitory provision. Mortality and survival tables. (Withdrawn) Sixth transitory provision. Retroactivity of effects for conciliation measures. The precepts of Law 30/1984, of August 2, on Measures for the reform of the Public Function modified by this Law will be retroactive with respect to the causal events originated and in force as of January 1, 2006 in the field of the Administration State General. Seventh transitory provision. Transitional regime of the new rights in terms of maternity, paternity, risk during pregnancy and consideration as quoted for Social Security purposes for certain periods. 1. The regulation introduced by this Law regarding suspension for maternity and paternity shall be applicable to births, adoptions or foster care that occur or constitute after its entry into force. 2. The modifications introduced by this Law in terms of risk during pregnancy will apply to the suspensions that for this reason occur after its entry into force. 3. The consideration as quoted of the periods referred to in section 6 of article 124 and the forty-fourth additional provision of the consolidated text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994, of June 20 , will be applicable to the benefits that are caused from the entry into force of this Law. The same effects will apply to the extension of the period that is considered as listed in section 1 of article 180 of the same rule as quoted at 100% of the periods referred to in sections 3 and 4 of the aforementioned article. Eighth transitory provision. Transitional regime of the unemployment subsidy. The amount of the unemployment subsidy established in the second paragraph of section 1 of article 217 of the General Law of Social Security, in the wording given by this Law, will be applied to the rights to the unemployment subsidy that arise from the entry into force of this Law. Ninth transitory provision. Extension of the suspension of the employment contract. (Withdrawn) Tenth transitory provision. Deployment of gender impact. The Government, in the current year 2007, will develop the Gender Impact Law by regulation with the precision of the indicators that must be taken into account for the preparation of said report. Page 63 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Eleventh transitory provision. The Government, in the current year 2007, will regulate the Guarantee Fund provided for in the sole additional provision of Law 8/2005, of July 8, which modifies the Civil Code and the Law of Civil Procedure in matters of separation and divorce, initially created and endowed in the fifty- third additional provision of Law 42/2006, of December 28, on General State Budgets for the year 2007. Twelfth transitory provision. Gradual application of articles 45 and 46 in the wording by Royal Decree-Law 6/2019, of March 1, of urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation. For the application of the provisions of section 2 of article 45 and sections 2, 4, 5 and 6 of article 46 of this organic law, in the wording given to them by the Royal Decree-Law 6/2019, of March 1, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation: Companies with more than one hundred and fifty workers and up to two hundred and fifty workers will have a period of one year for the approval of equality plans. Companies with more than one hundred and up to one hundred and fifty workers, they will have a period of two years for the approval of the equality plans. Companies with fifty to one hundred workers will have a period of three years for the approval of equality plans. These transitory periods will be computed from the publication of the Royal Decree Law 6/2019, of March 1, in the "Official State Gazette". Unique derogatory provision. Any rules of equal or lower rank that oppose or contradict the provided in this Law. First final provision. Constitutional basis. 1. The precepts contained in the Preliminary Title, Title I, Chapter I of Title II, articles 28 to 31 and the first additional provision of this Law constitute regulation of the basic conditions that guarantee the equality of all Spaniards in the exercise of rights and compliance with constitutional duties, in accordance with article 149.1.1.ª of the Constitution. 2. Articles 23 to 25 of this Law are of a basic nature, in accordance with article 149.1.30.ª of the Constitution. Article 27 and the eighth and ninth additional provisions of this Law are basic, in accordance with article 149.1.16 of the Constitution. Articles 36, 39 and 40 of this Law are basic, in accordance with article 149.1.27 of the Constitution. Articles 33, 35 and 51, section six of the nineteenth additional provision and the fourth, seventh, eighth and ninth paragraphs of the text introduced in section thirteen of the same nineteenth additional provision of this Law are basic, in accordance with Article 149.1.18.ª of the Constitution. The fifteenth, sixteenth and eighteenth additional provisions constitute basic legislation on Social Security, in accordance with article 149.1.17 of the Constitution. 3. The precepts contained in Title IV and in the additional provisions eleventh, twelfth, fourteenth, and seventeenth constitute labor legislation applicable throughout the State, in accordance with article 149.1.7.ª of the Constitution. Article 41, the precepts contained in Titles VI and VII and the twenty-fifth and twenty-sixth additional provisions of this Law constitute legislation of direct application throughout the State, in accordance with article 149.1.6.ª and 8.ª of the Constitution. The third to seventh and thirteenth additional provisions are issued in exercise of the powers on procedural legislation, in accordance with article 149.1.6.ª of the Constitution. Page 64 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION 4. The rest of the precepts of this Law are applicable to the General State Administration. Second final provision. Nature of the Law. The rules contained in the first, second and third additional provisions of this Law are organic in nature. The rest of the precepts contained in this Law do not have such character. Third final provision. Regulatory authorizations. 1. The Government is authorized to dictate as many provisions as are necessary for the application and development of this Law in matters that are within the jurisdiction of the State. 2. By regulation, within six months from the entry into force of this Law: The regulation of the business distinction in terms of equality established in Chapter IV of Title IV of this Law will be carried out. The content of the Annexes of Directive 92/85, of the European Council, of October 19, 1992, on the application of measures to promote the improvement of the safety and health at work of pregnant workers, which has given light or breastfeeding. The Ministry of Labor and Social Affairs will prepare, within a period of six months from the publication of the Royal Decree, guidelines on risk assessment. 3. The Government may establish, before December 21, 2007 and by Royal Decree, the cases referred to in the second paragraph of article 71.1 of this Law. Fourth final provision. Transposition of Directives. By means of this Law, Directive 2002/73, of the European Parliament and of the Council, of September 23, 2002, amending Directive 76/207, of February 9, 1976, regarding the application of the principle of equal treatment between men and women with regard to access to employment, professional training and promotion, and working conditions and Directive 2004/113, of the Council, of December 13, 2004, on application of the principle of equal treatment between men and women in access to goods and services and their supply. Likewise, through this Law, Law 1/2000, of January 7, on Civil Procedure, and Law 29/1998, of July 13, regulating the Contentious-Administrative Jurisdiction, are incorporated into Directive 97/80 /EC of the Council, of December 15, 1997, on the burden of proof in cases of discrimination based on sex. Fifth final provision. Equality plans and collective bargaining. Once four years have elapsed since the entry into force of this Law, the Government will proceed to evaluate, together with the most representative trade union organizations and business associations, the state of collective bargaining in matters of equality, and to study, based on the evolution given, the measures that, in his case, are pertinent. Sixth final provision. Implementation of preventive measures for sexual harassment and harassment based on sex in the General State Administration. The application of the action protocol on measures related to sexual or gender-based harassment regulated in article 62 of this Law will take place within a period of six months from the entry into force of the Royal Decree that approves it. Seventh final provision. Measures to enable maternity and paternity leave for people who hold an elected position. From the entry into force of this Law, the Government will promote the necessary agreement to initiate a process of modification of the current legislation in order to enable maternity and paternity leave for people who hold an elected position. Page 65 Machine Translated by Google STATE OFFICIAL NEWSLETTER CONSOLIDATED LEGISLATION Eighth final provision. Entry into force. This Law will enter into force the day after its publication in the Official State Gazette, with the exception of the provisions of article 71.2, which will do so on December 31, 2008. Therefore, I command all Spaniards, individuals and authorities, to uphold and enforce this organic law. Madrid, March 22, 2007. JUAN CARLOS R. The president of the Government, JOSE LUIS RODRIGUEZ SHOE This consolidated text has legal value. Page 66