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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