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WORKING IN SPAIN

Legal gaffe in Spain allows bosses to sack staff on family care leave

Spain’s gender parity law came into force on Thursday, but the headlines have been focused on a “terrible mistake” that allows companies to fire employees for taking days off to care for their children and other family members.

Legal gaffe in Spain allows bosses to sack staff on family care leave
It's not the first time that poorly drafted legislation in Spain results in unintended consequences. Photo: Tima Miroshnichenko/Pexels

A series of technical errors in the wording of a new bill primarily aimed at closing the power gap between men and women in the workplace has resulted in millions of workers in Spain being left unprotected. 

Referred to as a “terrible mistake” by Equality Minister Ana Redondo, the gaffe means employees who take advantage of the new five-day leave to care for a family member (after an accident, serious illness or hospitalisation) could potential be fired by their employers for taking time off.

This also applies to workers who adapt their working hours to care for their family members.

READ MORE: Spain’ s new leave of absence schemes to care for family members

As part of the gender parity law, legislators who’ve modified the section in Spain’s Workers’ Statute dealing with invalid dismissals added victims of sexual violence but forgot to include workers who take advantage of the family care permit.

“This technical error has occurred against the will of all those who have participated in this law,” Redondo said, adding that a correction is being prepared which she hopes can go through Parliament as soon as possible.

It’s not the first time that legislative slipups by the Spanish government have occurred as a result of the legalese not being properly thought out or drafted correctly. 

The 2022 ‘only yes means yes’ law, spearheaded by Spain’s previous Equality Minister Irene Montero, resulted in the reduction of sentences for rapists and other sexual offenders, even though the bill was aimed at tightening sexual consent laws.

The hope with the gender equality law is that company bosses do not take advantage of the legal blunder to fire workers on leave before the bill is amended, which could take more time than expected. 

Sources from Spain’s Ministry of Labour told Spanish daily El Correo that “the rights of workers will be 100 percent guaranteed” in the meantime and that none of those taking leave to care for family could face being made redundant for this.

READ ALSO: Why do laws in Spain take so long to come into force?

Spain’s gender parity law aims to guarantee the presence of women in positions of power and makes it compulsory for there to be at least a 40 percent representation of women in government, on the boards of directors of large companies, and in constitutional bodies.

The bill, which was given the green light in June but came into force on Thursday August 22nd, is also designed to guarantee equal opportunities between men and women, especially in important positions, both in the public and private sectors.

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CATALONIA

Catalan police admit mistakes in plan to detain fugitive Puigdemont

Catalonia's regional police force admitted in a report several mistakes in its failed operation to arrest the region's fugitive former leader Carles Puigdemont in Barcelona earlier this month, Spanish media reported Friday.

Catalan police admit mistakes in plan to detain fugitive Puigdemont

Puigdemont, who fled abroad after leading a failed 2017 independence bid for Catalonia, defied an arrest warrant to return to Spain on August 8th to deliver a brief speech to thousands of people in Barcelona before fleeing the scene and returning to Belgium.

“That Mr Puigdemont would return to Spain and then flee was not contemplated as a possibility,” the report, which was requested by Spain’s Supreme Court, says, according to online newspaper El Confidencial.

A police drone that was following Puigdemont focused on the crowd which was advancing to the nearby Catalan regional parliament after he delivered his speech and lost track of him as he was getting into the car which took him away, the report added, according to Barcelona-based newspaper La Vanguardia.

Police communications were overwhelmed by misinformation about Puigdemont’s location, and only one plainclothes officer managed to understand what was happening and run after the car, but was unable to immediately report it to his commanders, the report added, according to the newspaper.

Catalonia’s regional police set up roadblocks across Barcelona after Puigdemont’s appearance at the rally, but found no trace of him.

Three officers were later arrested on suspicion of helping Puigdemont escape, including one who allegedly owned the car he had used to leave the scene.

Puigdemont led Catalonia’s regional government in 2017, when it pressed ahead with an independence referendum despite a court ban which was followed by a short-lived declaration of independence.

Spain’s parliament passed an amnesty law in May for those involved in the secession bid, but the Supreme Court ruled on July 1 that the measure would not fully apply to Puigdemont.

In an opinion article published on news site Politico last week, Puigdemont said he took “a very big personal risk” by returning to Spain to “denounce the political obsession of a court that should be impartial”.

“I didn’t return to Catalonia to be arrested. I returned to exercise the right to resist oppression,” he added.

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