JUAN CARLOS I REY OF SPAIN

To all who present it and understand, Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

The Spanish Constitution contains in article 14 the right to equality before the law and the principle of non-discrimination on grounds of birth, race, sex, religion or opinion or any other condition. In Article 39.1, the constitutional text establishes the duty of the public authorities to ensure the social, economic and legal protection of the family and, in Article 9.2, gives the public authorities the duty to promote the conditions for that the freedom and equality of the individual and the groups in which they are integrated are real and effective; and remove the obstacles that impede or hinder their fullness, facilitating the participation of all citizens in political, economic, cultural and social.

The incorporation of women into work has motivated one of the most profound social changes of this century.

This makes it necessary to set up a system that provides for new social relations and a new mode of cooperation and engagement between women and men that allows for a balanced distribution of responsibilities in the professional and private life.

The need for reconciliation of work and family has already been raised at the international and community level as a condition linked unequivocally to the new social reality. This poses a complex and difficult problem that needs to be addressed, not only with important legislative reforms, such as the present, but with the need to further promote services to people in a broader framework of family policy.

In this regard, at the Fourth World Conference on Women held in Beijing in September 1995, it was considered as a strategic objective to promote the harmonisation of labour and family responsibilities between men and women. Women and in the Declaration approved by the 189 States gathered there, this commitment was reaffirmed.

On the other hand, in the Community area, maternity and parenthood, in their broadest sense, have been included in Council Directives 92/85/EEC of 19 October and 96 /34/EC of the Council of 3 June.

The first of them contemplates maternity from the point of view of health and safety in the work of the pregnant worker, who has given birth or breastfeeding. The second, concerning the Framework Agreement on parental leave, concluded by UNICE, CEEP and the ETUC, provides for parental leave and the absence of work for reasons of force majeure as an important means of reconciling professional and family life. and promote equal opportunities and equal treatment between men and women.

By this Law, the transposition into Spanish law of the guidelines marked by international and community regulations is completed, exceeding the minimum levels of protection provided for in these guidelines.

The Law introduces legislative changes in the labor field so that workers can participate in family life, taking a new step on the path of equal opportunities for women and men.

in addition, it seeks to maintain a balance in favour of maternity and paternity leave without adversely affecting the possibilities of access to employment, working conditions and access to special posts. responsibility of women. At the same time it is easier for men to be partners in the care of their children from the moment of birth or their incorporation into the family.

The first chapter introduces amendments to the Workers ' Statute regarding leave and leave related to maternity, paternity and family care. These modifications improve the content of the Community legislation and adjust the permissions to social reality.

Thus, the permits or absences paid under Directive 96 /34/EC are agreed, providing for the absence of the worker in the case of accident and hospitalization, while at the same time the right to leave is relaxed. Breast-feeding.

The right to reduced working hours and leave for workers who have to deal with older and sick people, in line with demographic changes and the ageing of the population, is also extended.

As an important development, it should be noted that the Law makes it easier for men to access the child's care from the moment of their birth or their incorporation into the family, by giving the woman the option of being the father who enjoy up to a maximum of ten weeks of the sixteen corresponding to maternity leave, also allowing you to enjoy it simultaneously with the mother and the maternity leave is extended by two more weeks for each child in the case of childbirth multiple.

Also, important changes are made to the regulation of permits for adoption and permanent and preadopted reception. In the face of the current legislation in which the duration of the permit depends on the age of the child, granting different periods of time, according to the child or child is less than nine months or five years, the Law makes no distinction in the age of minors. which generate this right, provided that they are under six years of age.

Finally, the application of the reduction of the day or the surplus is established to care for the care of relatives who, by reason of age, accident or illness, cannot avail themselves and do not perform paid activity, configuring this right as individual workers.

The last article of Chapter I provides for the amendments to be made to the Workers ' Statute concerning the termination of the contract of employment.

To do so, the late decision or the dismissal or the dismissal, motivated, among others, by the pregnancy, the application or the enjoyment of the maternity leave, paternity or care of relatives or the dismissal of the workers with a suspended contract of employment, unless proof of their origin is shown as a result of discrimination.

As a novelty, the assumptions that cannot be computed as faults in assistance for the termination of the labor contract for work absenteeism are expanded.

These include risk during pregnancy, diseases caused by pregnancy, childbirth, and lactation.

Chapter II introduces amendments to the Royal Legislative Decree 2/1995 of 7 April, approving the recast of the Law on Labour Procedure, in order to guarantee the free exercise of these rights and their resolution in case of discrepancy by urgent procedure and preferential processing.

Chapter III amends Law 31/1995 of 8 November on the Prevention of Occupational Risks and covers a currently existing loophole, providing that in maternity cases where, for reasons of health of the mother or of the A change of job or function is necessary and this change is not possible, the person concerned is declared at risk during pregnancy with the protection of Social Security.

Chapter IV introduces amendments to the Royal Legislative Decree 1/1994 of 20 June, approving the recast text of the General Law on Social Security. The most important novelty is the creation of a new benefit within the protective action of Social Security, the risk during pregnancy, in order to protect the health of the pregnant woman.

With the aim of not having to bear on employers the social costs of these permits, which could have negative consequences for access to employment, especially for the female population, and as a measure of promotion Chapter V provides for reductions in employers ' contributions to social security for common contingencies, provided that the unemployed are employed to replace the worker or worker during the rest periods. for maternity, adoption or reception.

Chapters VI, VII and VIII introduce the corresponding amendments to the laws of the Civil Service, in order to adapt the content of the Law to the collectives within its scope.

CHAPTER I

Amendments to the recast text of the Law of the Workers ' Statute, approved by the Royal Legislative Decree 1/1995, of March 24

Article first. Paid leave.

Article 37 (3) (b) is worded as follows:

" b) Two days for the birth of a child or for death, accident or serious illness or hospitalization of relatives up to the second degree of consanguinity or affinity. When the worker needs to make a shift to that effect, the time limit will be four days. "

Article 2. Reduction of the day for family reasons.

1. Article 37 (4) is worded as follows:

" 4. Workers, who are breastfeeding for a child under nine months, will be entitled to an hour of absence from work, which may be divided into two fractions. The woman, by her will, will be able to substitute this right for a reduction of her working day in half an hour for the same purpose. This permit may be enjoyed by either the mother or the father in case both work. "

2. Article 37 (5) is worded as follows:

" 5. Those who, for reasons of legal guardian, have a direct care of a person of less than six years or a disabled physical, mental or sensory person, who does not carry out a paid activity, shall be entitled to a reduction in the working day, with the reduction proportional to the salary between at least one third and a maximum of half of the duration of the salary.

It will have the same right to care for the direct care of a family member, up to the second degree of consanguinity or affinity, that for reasons of age, accident or illness cannot be used by himself, and that not perform paid activity.

The reduction of working hours referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. '

3. A new paragraph is added to Article 37 of the Workers ' Statute:

" 6. The time-frame and the determination of the period of enjoyment of the breastfeeding permit and the reduction in working time, as provided for in paragraphs 4 and 5 of this Article, shall be the responsibility of the worker within his/her ordinary day. The worker shall be required to notify the employer 15 days in advance of the date on which he/she will return to his/her ordinary day.

The discrepancies between the employer and the worker regarding the time-frame and the determination of the periods of enjoyment provided for in paragraphs 4 and 5 of this article shall be resolved by the competent jurisdiction of the through the procedure laid down in Article 138a of the Labour Procedure Act. '

Article 3. Suspension of the maternity contract, risk during pregnancy, adoption or reception.

Article 45 (1) (d) is worded as follows:

"(d) Maternity, risk during pregnancy of the working woman and adoption or acceptance, preadoptive or permanent, of less than six years."

Article 4. Leave of absence for family care.

Article 46 (3) is worded as follows:

" 3. Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, either by nature or by adoption or in the case of a permanent or a permanent preadoptive, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They shall also be entitled to a period of leave of absence, of a duration not exceeding one year, unless a longer duration is established by collective bargaining, workers to care for the care of a family member, until the second degree of consanguinity or affinity, which for reasons of age, accident or disease cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking.

When a new deceased person is entitled to a new period of leave, the start of the period shall end to the one who, where appropriate, has been enjoying himself.

The period in which the worker remains in a situation of leave in accordance with the provisions of this Article shall be computable for the purposes of seniority and the worker shall be entitled to attend vocational training courses, whose participation must be convened by the employer, in particular on the occasion of his/her reinstatement. During the first year you will be entitled to the reservation of your job. After that period, the reserve shall be referred to a post of the same professional group or equivalent category. '

Article 5. Suspension with job reservation.

Article 48 (4) is amended as follows:

" 4. In the course of delivery, the suspension will last for sixteen weeks, which will be enjoyed uninterrupted, expandable in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of the whole or, where appropriate, the remaining part of the suspension period.

However, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that the father and the mother work, the mother is, at the beginning of the rest period, maternity, may choose to allow the father to enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health.

In the cases of adoption and acceptance, both preadoptive and permanent, of minors up to six years, the suspension will last for sixteen weeks uninterrupted, extended in the event of adoption or acceptance. In two weeks ' time more for each child from the second, counted on the choice of the worker, either on the basis of the administrative or judicial decision of the reception, or on the basis of the judicial decision on which the adoption is constituted. The duration of the suspension shall also be sixteen weeks in the case of the adoption or acceptance of minors over six years of age in the case of minors with disabilities or the disabled or because of their circumstances and experiences. (i) personal information, or which, as a result of coming from abroad, have particular difficulties of social and family integration, duly accredited by the relevant social services. In the event that the mother and father work, the period of suspension shall be distributed at the option of the persons concerned, who may enjoy it simultaneously or in succession, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to multiple births.

The periods referred to in this Article may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the parents ' prior travel to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this Article, may be initiated until four weeks before the decision on which the adoption is constituted. "

Article 6. Suspension with a job reserve in the event of risk during pregnancy.

A new paragraph 5 is introduced in Article 48 of the Law of the Workers ' Statute, in the following terms:

" 5. In the case of risk during pregnancy, in accordance with the terms of Article 26 (2) and (3) of Law 31/1995 of 8 November of the Prevention of Occupational Risks, the suspension of the contract shall end on the day on which the suspension of the contract for biological maternity or the inability of the worker to return to her previous post or to another compatible with her state. "

Item seventh. Termination of the work contract.

One. Article 52 (d) is amended as follows:

" (d) For still-justified but intermittent work assistance failures, which reach 20 per 100 of the working days in two consecutive months, or 25 per 100 in four discontinuous months within a period of 12 months. months, provided that the total absenteeism rate of the job center template exceeds 5 per 100 over the same time periods.

Not to be counted as non-attendance, for the purposes of the preceding paragraph, the absences due to legal strike for the duration of the same, the exercise of activities of legal representation of the workers, accident at work, maternity, risk during pregnancy, illness caused by pregnancy, childbirth or breastfeeding, leave and leave, sickness or accident at work, where the discharge has been agreed by the official health services and has a duration of more than twenty consecutive days. "

Two. Article 53 (4) is amended as follows:

" 4. Where the employer does not comply with the requirements laid down in paragraph 1 of this Article or the late decision of the employer, he shall have as mobile some of the causes of discrimination prohibited in the Constitution or in the law or Produced with violation of fundamental rights and public freedoms of the worker, the extinguishing decision will be void, with the judicial authority having to make such a declaration of trade.

The non-grant of the notice shall not cancel the extinction, even if the employer, regardless of the other effects that he has obtained, will be obliged to pay the wages corresponding to that period. The subsequent observance by the employer of the unfulfilled requirements shall in no case constitute a remedy for the primitive extinguishing act, but shall constitute a new extinction agreement with effect from its date.

The extinct decision will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, adoption or reception referred to in Article 45 (1) (d) of this Law, or notified on a date such that the notice period ends within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the date of commencement of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are refer to Article 37 (4) and (5) of this Law, or are enjoying them, or have applied for the leave of absence provided for in Article 46 (3) thereof.

The provisions of the preceding letters shall apply unless, in both cases, the origin of the late decision is declared for reasons unrelated to the pregnancy or to the exercise of the right to permits and Leave of absence. '

Three. Article 55 (5) is worded as follows:

" 5. It will be null and void for the dismissal to have some of the causes of discrimination prohibited in the Constitution or the Law by mobile, or it will occur with violation of fundamental rights and public liberties of the worker.

The dismissal will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, adoption or reception referred to in Article 45 (1) (d) of this Law, or notified on a date such that the notice period ends within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the date of commencement of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are refer to Article 37 (4) and (5) of this Law, or are enjoying them, or have applied for the leave of absence provided for in Article 46 (3) thereof.

The provisions of the preceding letters shall apply, unless, in both cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated. "

CHAPTER II

Amendments that are introduced in the recast text of the Law of Labor Procedure, approved by the Royal Legislative Decree 2/1995, of April 7

Article 8. Termination of the work contract.

One. Article 108 (2) is worded as follows:

" 2. It shall be null and void for any dismissal that has as a 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.

The dismissal will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract for maternity work, risk during pregnancy, adoption or reception referred to in Article 45 (1) (d) of the recast text of the contract the Law of the Workers ' Statute, or the one notified at a date such that the period of notice granted ends within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are refer to Article 37 (4) and (5) of the Staff Regulations, or are enjoying them, or have applied for the leave of absence provided for in Article 46 (3) of the Staff Regulations.

The provisions of the preceding letters shall apply, unless, in both cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated. "

Two. Article 122 (2) is worded as follows:

" 2. The extinct decision will be null when:

(a) The legal formalities of written communication, with mention of cause, have not been fulfilled.

(b) No corresponding compensation has been made available to the worker, except in cases where such a requirement was not legally required.

c) Resulting in discrimination or contrary to the fundamental rights and public freedoms of the worker.

d) Law fraud has been carried out by circumventing the rules laid down by collective redundancies, in the cases referred to in the last paragraph of Article 51.1 of the recast text of the Workers ' Statute Act.

The extinct decision will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract for maternity work, risk during pregnancy, adoption or acceptance referred to in point (d) of Article 45 (1) of the Staff Regulations. Workers, or the notified at a date such that the notice period ends within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the date of commencement of the period of suspension referred to in point (a), and of workers who have applied for one of the permits to which they are refer to Article 37 (4) and (5) of the Staff Regulations, or are enjoying them, or have applied for the leave of absence provided for in Article 46 (3) of the Staff Regulations.

The provisions set out in the preceding letters shall apply, except where, in both cases, the origin of the late decision is declared for reasons unrelated to pregnancy or for the exercise of the right to permits and Leave of absence. '

Article ninth. Procedural mode in the field of breastfeeding permits and reductions in working time for family reasons.

1. The heading of Chapter V of Title II of Book II is hereby

:

"Vacations, electoral matters, professional classifications, geographical mobility, substantial modifications of working conditions, breastfeeding permits and reduction of working time for family reasons."

2. A new section is included in Chapter V of Title II of Book II, of the following literal wording:

" SECTION 5 BREASTFEEDING PERMITS AND REDUCTION OF WORKING TIME FOR FAMILY REASONS

Article 138a.

The procedure for the time-frame and the determination of the period of enjoyment in breastfeeding and reduction of working hours for family reasons shall be governed by the following rules:

(a) The worker shall have a period of 20 days from which the employer informs him of his or her disagreement with the time and the period of enjoyment proposed by him, in order to bring proceedings before the Court of Social.

b) The procedure will be urgent and will be given preferential treatment. The act of the hearing shall be held within five days of the date of the admission of the application. The judgment, which shall be final, shall be delivered within three days. '

3. The first subparagraph of Article 189 (1) shall be worded as follows:

" 1. The judgments handed down by the Courts of the Social in the proceedings before them are dealt with, whatever the nature of the case, except those that fall within the processes relating to the date of the enjoyment of the holidays, time and time determination of the period of enjoyment in nursing permits and reduction of the day for family reasons, in those of electoral matters, in those of professional classification, in those of impeachment of sanction for lack that is not very serious, as well as for a very serious failure not to be judicially confirmed, and those given in complaints whose amount is litigious does not exceed 300,000 pesetas (1,803 euros).

The request will proceed in any case. "

CHAPTER III

Amendments that are introduced in Law 31/1995, of 8 November, on the Prevention of Labor Risks

Article 10. Protection of maternity.

Article 26 is worded as follows:

" 1. The assessment of the risks referred to in Article 16 of this Law shall include the determination of the nature, degree and duration of the exposure of workers in pregnancy or recent birth to agents, procedures or working conditions which may have a negative impact on the health of workers or the unborn child, in any activity likely to present a specific risk. If the results of the assessment reveal a risk to safety and health or a possible impact on the pregnancy or breast-feeding of the workers concerned, the employer shall take the necessary measures to avoid exposure to such a risk. risk, through an adaptation of the working conditions or working time of the affected worker.

Such measures shall include, where necessary, non-performance of night work or shift work.

2. Where the adaptation of the conditions or working time is not possible or, in spite of such adaptation, the conditions of a job may have a negative impact on the health of the pregnant worker or the foetus, and certify the Medical Services of the National Institute of Social Security or of the Mutuae, with the report of the doctor of the National Health Service who is able to provide the worker with the right to perform a job or different function and compatible with its status. The employer shall determine, after consultation with the representatives of the employees, the relationship between the positions and the risk-free jobs.

The change of position or function will be carried out in accordance with the rules and criteria applied in the functional mobility assumptions and will have effects until the time the worker's health status permits reinstatement to the previous post.

In the event that, even applying the rules mentioned in the preceding paragraph, there is no work or compatible function, the worker may be assigned to a position not corresponding to her group or category. equivalent, although it shall retain the right to the set of remuneration of its place of origin.

3. If such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons, the worker concerned may be declared to have passed on to the situation of suspension of the contract for risk during the pregnancy, as referred to in Article 45.1 (d) of the Staff Regulations, for the period necessary for the protection of their safety or health and for the duration of the failure to return to their former post or to another post compatible with its status.

4. The provisions of numbers 1 and 2 of this Article shall also apply during the period of lactation, if the working conditions may have a negative effect on the health of the woman or the child and so certify by the doctor who, in the Applicable Social Security scheme, assist the worker in the right way.

5. Pregnant workers shall be entitled to be absent from work, entitled to remuneration, for the carrying out of prenatal examinations and preparation techniques, prior notice to the employer and justification of the need for their performance. within the workday. "

CHAPTER IV

Amendments that are introduced in the recast text of the General Law of Social Security, approved by the Royal Legislative Decree 1/1994, of June 20

Item 11th. Protective action of the Social Security system.

The first paragraph of Article 38.1.c) of the General Law on Social Security is amended as follows:

(c) Economic benefits in situations of temporary incapacity; maternity; risk during pregnancy; invalidity, in its contributory and non-contributory forms; retirement, in its contributory and non-contributory forms. contributive; unemployment, in its contributory and care levels; death and survival; as well as those granted in the contingencies and special situations that are regulated by Royal Decree, on the proposal of the Minister of Labour and Social Affairs. "

Article twelfth. Duration of the obligation to list.

Article 106 (4) of the General Law on Social Security is amended, which is worded as follows:

" 4. The obligation to list shall continue in situations of temporary incapacity, whatever its cause, in the case of risk during pregnancy and in maternity, and in the other situations referred to in Article 125 in which it is establish regulations. "

Article 13th. Protected situations.

Article 133a of the General Law on Social Security is amended, which is worded as follows:

" Article 133a. Protected situations.

For the purposes of maternity benefit, maternity, adoption and accommodation, both pre-adopted and permanent, are considered to be protected during periods of rest which are enjoyed by such situations, in accordance with the provisions of Article 48 (4) of the recast text of the Staff Regulations, adopted by Royal Legislative Decree 1/1995 of 24 March, and in Article 30 (3) of Law No 30/1984 of 2 August 1984 on the for the Reform of the Civil Service. "

Article 14. Economic provision of Social Security by risk during pregnancy.

A new Chapter IV ter is included in Title II of the General Law on Social Security, with the following wording:

" CHAPTER IV TER

Risk during pregnancy

Article 134. Protected status.

For the purposes of the economic benefit at risk during pregnancy, the period of suspension of the employment contract is considered to be protected in the cases where, owing to the working woman's change of job (a) the Commission may, in accordance with Article 26 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, make such a change of position as not technically or objectively possible, or may not be reasonably be required for justified reasons.

Article 135. Economic performance.

1. The economic benefit at risk during pregnancy shall be granted to the working woman under the terms and conditions laid down in this Law for the economic benefit of temporary incapacity resulting from a common disease, without any more specific characteristics than those provided for in the following paragraphs.

2. The economic benefit, the payment of which shall be the responsibility of the Management Entity, shall be on the day on which the suspension of the contract of employment is initiated and shall end the day before the date on which the suspension of the maternity or maternity work contract is initiated. rejoining the working woman to her previous job or to another one compatible with her status.

3. The economic benefit shall consist of a subsidy equivalent to 75 per 100 of the corresponding regulatory base. For such purposes, the regulatory basis shall be equivalent to that established for the provision of temporary incapacity, arising from common contingencies.

4. The economic benefit at risk during pregnancy shall be managed directly by the National Social Security Institute in accordance with the procedure to be established. "

Item 15th. Adaptations to the General Law of Social Security.

The following adaptations are introduced in Chapter V "Invalidity" of Title II of the General Law on Social Security:

(a) The current Article 134 becomes numbered as Article 136, forming the content of Section 1.a of Chapter V of Title II of the General Law of Social Security.

b) Sections 3.a, 4.a and 5.a are renumbered, respectively, sections 2.a, 3.ay 4.a with identical content.

Article sixteenth. Rules for the development and implementation of Special Regiments.

Paragraph 3 of the eighth additional provision of the General Law on Social Security is amended as follows:

" 3. The provisions of Articles 134, 135 and 166 shall apply, where appropriate, to the employed persons of the Special Regiments.

It will also apply to the self-employed persons included in the Special Regime of the Sea, Special Agrarian Regime and Special Regime of Autonomous Workers, in the terms and conditions to be established regulentarily. "

CHAPTER V

Amendments that are introduced in the 14th additional provision of the Royal Legislative Decree 1/1995, of 24 March, approving the recast text of the Law of the Workers ' Statute, and in the Royal Decree-Law No 11/1998 of 4 September 1998 on the granting of allowances to the Social Security of contracts of interinity to be concluded with persons unemployed for the purpose of replacing workers during periods of rest for maternity, adoption and accommodation

Article seventeenth. Amendment of the heading of the additional fourteenth provision of the recast text of the Workers ' Statute.

The heading of the additional 14th provision is worded in the following terms:

" Fourteenth. Replacement of surplus workers with care for family members. "

Article eighteenth. Amendments to the Royal Decree-Law No 11/1998 of 4 September 1998 on the provision of allowances for contributions to the social security of contracts of interinity which are concluded with persons unemployed to replace workers during periods of rest for maternity, adoption and accommodation.

Article 1 of Royal Decree-Law 11/1998, dated 4 September, is amended as follows:

" They will be entitled to a 100 per 100 bonus in the business of Social Security, including occupational accidents and occupational diseases, and in the business contributions of the joint collection:

(a) Interinity contracts to be concluded with unemployed persons to replace workers who have their contract of employment suspended for risk during pregnancy and until the corresponding suspension is initiated of the biological maternity contract or the inability of the worker to return to her previous position or to another compatible with her status.

(b) Interinity contracts to be concluded with persons unemployed to replace workers who have their employment contract suspended during periods of maternity leave, adoption and (a) a preadoptive or permanent reception, in accordance with the terms laid down in Article 48 (4) of the Staff Regulations.

The maximum duration of the allowances provided for in this paragraph (b) shall correspond to that of the rest period referred to in Article 48 (4) of the Staff Regulations.

In the event that the worker does not record the rest period to which he is entitled, the benefits will be extinguished at the time of his/her incorporation into the company.

(c) Interinity contracts to be concluded with unemployed persons to replace self-employed workers, working partners or working partners of cooperative societies, in cases of risk during pregnancy, periods of rest for maternity, adoption and pre-adoption or permanent accommodation, in accordance with the terms set out in the preceding paragraphs. '

CHAPTER VI

Amendments introduced in Law 30/1984 of 2 August of Measures for the Reform of the Civil Service

Article nineteenth. Leave of absence for family care.

Article 29 (4) is worded as follows:

" 4. Officials shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, whether by nature or by adoption or permanent or pre-adoption, to be counted from the date of birth or, where appropriate, of the judicial or administrative decision.

They shall also be entitled to a period of leave of absence, of a duration not exceeding one year, officials to care for the care of a relative who is in charge, up to the second degree including consanguinity or affinity, which, for reasons of age, accident or disease, cannot be used by itself, and does not carry out paid activity.

The period of excess will be unique for each causative subject. When a new subject causing a new leave of absence, the beginning of the period of the same will end the one who has been enjoying himself.

This surplus constitutes an individual right of officials. In the event that two officials generate the right to enjoy it for the same deceased subject, the Administration may limit its simultaneous exercise for justified reasons related to the operation of the services.

The period of stay in this situation will be computable for the purposes of triennial, personal grade consolidation and passive rights. During the first year, officials will be entitled to the reserve of the job they perform.

Elapsed this period, such reservation will be made to the position in the same location and equal level and retribution. "

Article 20. Maternity and paternity leave.

Article 30 (3) is worded as follows:

" 3. In the course of delivery, the duration of the leave will be sixteen weeks uninterrupted, extendable in the case of multiple birth in two more weeks for each child from the second.

The permission will be distributed to the official as long as six weeks are immediately after delivery. In the event of the death of the mother, the father may make use of the entire or, where appropriate, the portion of the permit.

However, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that the mother and father work, the mother and the mother are, at the beginning of the rest period, maternity, may choose to have the father enjoy a certain and uninterrupted part of the period of rest after the birth, either simultaneously or in succession with that of the mother, unless at the time of their effectiveness the incorporation into the Mother's work poses a risk to your health.

In the case of adoption or acceptance, both preadoptive and permanent, of minors up to six years, the permit will last for sixteen weeks uninterrupted, extended in the event of adoption or acceptance. In two weeks ' time for each child from the second, counted on the choice of the official, either on the basis of the administrative or judicial decision of the host, or on the basis of the judicial decision making the adoption. The duration of the permit shall also be sixteen weeks in the case of adoption or reception of minors, over six years of age, in the case of minors with disabilities or the disabled or because of their circumstances and experiences. (i) personal or, as a result of coming from abroad, special difficulties of social and family integration, duly accredited by the competent social services. In case the mother and father work, the permit will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with uninterrupted periods.

In cases of simultaneous enjoyment of rest periods, the sum of rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to multiple births.

In the case of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the permit provided for in this Article may be initiated up to four weeks. before the resolution on which the adoption is constituted. "

CHAPTER VII

Amendments to the Law of Civil Servants of the State, articulated text approved by Decree 315/1964, of February 7

Article twenty first. License for risk during pregnancy.

A new number 3 is entered in Article 69 with the following wording:

" 3. Where the circumstance referred to in Article 26 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks affects an official falling within the scope of the administrative mutualism, it may be granted risk license during pregnancy on the same terms and conditions as those provided for in the previous numbers. "

CHAPTER VIII

Amendments introduced in Law 28/1975 of 27 June on Social Security of the Armed Forces and Law 29/1975 of June 27 on Social Security of Civil Servants of the State

Article twenty-second. Risk situation during pregnancy in administrative mutualism.

A new paragraph is introduced, after the current third, in Article 21 of Law 28/1975 and in Article 20 of Law 29/1975, with the following wording:

" shall have the same consideration and effects as the situation of temporary incapacity for the situation of the woman who has obtained a risk license during pregnancy in accordance with the terms of Article 69 (3), of the Law of Civil Servants of the State. "

Additional disposition first.

May benefit from the benefits provided for in this Law by the workers 'or workers' partners of the cooperative societies and workers of the working societies, during periods of rest for maternity, risk during pregnancy, adoption and acceptance, regardless of the social security affiliation regime, in which they are included, with the specific characteristics of the societarian relationship.

Additional provision second.

Social Security legislation in the field of special agreements shall be adapted to the amendments provided for in this Law within one year of its entry into force.

Additional provision third.

The wording of Article 141 (1) (e) of Law 17/1999, of 18 May, of the Staff Regulations of the Armed Forces, is amended, which will be as follows:

" e) Request it to care for child care, by nature or adoption or permanent or pre-adoptive accommodation. In this case, they shall be entitled to a period of voluntary leave of no more than three years to take care of the care of each child, from the date of birth of the child or, where appropriate, the judicial or administrative decision. Successive children shall be entitled to a new period of leave which, if any, shall end the period of their enjoyment.

They shall also be entitled to a period of leave of absence of not more than one year for those who request it to take care of the direct care of a family member, up to the second degree of consanguinity or affinity which, for reasons of age, accident or illness, cannot be used by yourself, and do not carry out paid activity.

These rights may not be exercised by two persons for the same causative subject. "

Additional provision fourth.

The government, within the framework of its powers, and in agreement with the social partners, will promote public awareness campaigns to ensure that men assume an equal share of family responsibilities, and In particular, the new possibilities offered by this Law to share parental leave are more likely to be taken into account.

Additional provision fifth.

For the purposes of this Law, they shall be deemed to be legally comparable to the adoption and preadoption or permanent acceptance of legal institutions declared by judicial or administrative decisions. foreign nationals, whose purpose and legal effects are those intended for the adoption and adoption of a pre-adopted or permanent reception, whatever their name.

Single repeal provision. Scope of regulatory repeal.

The provisions of this Law are repealed as many provisions are repealed.

Final disposition first. Application and development powers.

The Government is authorised to make any provisions necessary for the development and implementation of this Law.

Final disposition second. Entry into force.

This Law will enter into force on the day following its publication in the "Official State Gazette".

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 5 November 1999.

JOHN CARLOS R.

The First Vice President of the Government
and Minister of the Presidency,

FRANCISSCOPAREZ-CASCOSFERN