Royal Decree-Law 2/2024 of 21 May


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June 10, 2024 Spain Spain Spain On Wednesday 22 May, Royal Decree-Law 2/2024 of 21 May was published, adopting urgent measures to simplify and improve the level of unemployment protection and to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the reconciliation of family and working life for parents and carers, and repealing Council Directive 2010/18/EU. The following are three new features of this Royal Decree: Breastfeeding leave The reform addresses a modification of breastfeeding leave with the aim of improving the terms for the exercise of the right and at the same time reinforcing and complementing parental leave. Prior to the entry into force of this Decree, the right to be absent was subject to collective bargaining and agreements with the company. Article 37.4 of the Workers' Statute is amended to recognize the right of all employees to accumulate all paid absence hours. Until less than a week ago, this paid leave granted one hour of absence per day, which could be divided into two half-hour fractions, or into a half-hour reduction of the working day, and which could be accumulated into full days, subject to a collective agreement or individual agreement with the company. However, the Royal Decree-Law grants all accumulation of absence hours into full working days as a right of the employee, without the need for collective bargaining or a possible agreement between the company and the employee. Simplification and improvement of the level of unemployment (in force from 01/11/2024) The basic features of unemployment protection at the welfare level are revised in order to simplify and improve access requirements. From 1 November, victims of gender-based or sexual violence will be able to apply for unemployment benefits, in accordance with Royal Decree-Law 2/2024 of 21 May, ratified by the Council of Ministers and published in the Official State Gazette. This allowance is intended for those: (i) unemployed persons whose situation is directly related to the immediately preceding loss of employment (ii) who have exhausted their contributory benefit. The reform establishes that the amounts of the subsidy during the first 12 months are distributed in three tranches: First 6 months: 95% IPREM (€570 according to the current reference). Subsequent 6 months: 90% IPREM: (€540). Rest of the period: 80% IPREM: (€480). In addition, new groups will be able to access this subsidy, including victims of gender or sexual violence from the age of 16, returned emigrants, people under 45 with no family responsibilities and temporary agricultural employees from all over Spain The allowance will also be applicable to victims of violence by their parents or children, provided that the situation is proven by a court ruling, a court decision granting a precautionary measure, or a report from the Public Prosecutor's Office. If the maximum duration of the benefit has been exhausted as a victim of gender-based or sexual violence, a new application may be made after three or more years have elapsed since the first entitlement to the Active Insertion Income, providing proof of fulfilment of the requirements. The prevalence of autonomous conventions and agreements is qualified Amendment of Article 84 of the revised text of the Workers' Statute, in order to improve the regulation of collective bargaining at the level of the Autonomous Communities, so as to ensure the application of the most favorable agreements or arrangements for employees. With the modification, the same constitution process is maintained for the signing of agreements and conventions. However, those signed at the regional level will have priority over any other sectoral agreement or agreement at the national level, provided that such agreements and accords have the backing of the majorities required to form the negotiating committee in the corresponding bargaining unit. In this sense, this priority of application shall be conditional exclusively on the regulation of the regional agreements or accords being more favourable for employees than that set out in the national agreements or accords. This is "aimed" at promoting the development of regional bargaining areas and employees' rights. State agreements and conventions may not eliminate or modify the regulations contained in regional agreements or conventions. The latter shall always prevail over the former. For any additional information, please contact our Spain Employment team specialists: The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. 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On Wednesday 22 May, Royal Decree-Law 2/2024 of 21 May was published, adopting urgent measures to simplify and improve the level of unemployment protection and to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 on the reconciliation of family and working life for parents and carers, and repealing Council Directive 2010/18/EU.

The following are three new features of this Royal Decree:

Breastfeeding leave

The reform addresses a modification of breastfeeding leave with the aim of improving the terms for the exercise of the right and at the same time reinforcing and complementing parental leave.

Prior to the entry into force of this Decree, the right to be absent was subject to collective bargaining and agreements with the company.

Article 37.4 of the Workers' Statute is amended to recognize the right of all employees to accumulate all paid absence hours.

Until less than a week ago, this paid leave granted one hour of absence per day, which could be divided into two half-hour fractions, or into a half-hour reduction of the working day, and which could be accumulated into full days, subject to a collective agreement or individual agreement with the company.

However, the Royal Decree-Law grants all accumulation of absence hours into full working days as a right of the employee, without the need for collective bargaining or a possible agreement between the company and the employee.

Simplification and improvement of the level of unemployment (in force from 01/11/2024)

The basic features of unemployment protection at the welfare level are revised in order to simplify and improve access requirements.

From 1 November, victims of gender-based or sexual violence will be able to apply for unemployment benefits, in accordance with Royal Decree-Law 2/2024 of 21 May, ratified by the Council of Ministers and published in the Official State Gazette.

This allowance is intended for those: (i) unemployed persons whose situation is directly related to the immediately preceding loss of employment (ii) who have exhausted their contributory benefit.

The reform establishes that the amounts of the subsidy during the first 12 months are distributed in three tranches:

First 6 months: 95% IPREM (€570 according to the current reference).
Subsequent 6 months: 90% IPREM: (€540).
Rest of the period: 80% IPREM: (€480).

In addition, new groups will be able to access this subsidy, including victims of gender or sexual violence from the age of 16, returned emigrants, people under 45 with no family responsibilities and temporary agricultural employees from all over Spain

The allowance will also be applicable to victims of violence by their parents or children, provided that the situation is proven by a court ruling, a court decision granting a precautionary measure, or a report from the Public Prosecutor's Office.

If the maximum duration of the benefit has been exhausted as a victim of gender-based or sexual violence, a new application may be made after three or more years have elapsed since the first entitlement to the Active Insertion Income, providing proof of fulfilment of the requirements.

The prevalence of autonomous conventions and agreements is qualified

Amendment of Article 84 of the revised text of the Workers' Statute, in order to improve the regulation of collective bargaining at the level of the Autonomous Communities, so as to ensure the application of the most favorable agreements or arrangements for employees.

With the modification, the same constitution process is maintained for the signing of agreements and conventions. However, those signed at the regional level will have priority over any other sectoral agreement or agreement at the national level, provided that such agreements and accords have the backing of the majorities required to form the negotiating committee in the corresponding bargaining unit. In this sense, this priority of application shall be conditional exclusively on the regulation of the regional agreements or accords being more favourable for employees than that set out in the national agreements or accords.

This is "aimed" at promoting the development of regional bargaining areas and employees' rights.

State agreements and conventions may not eliminate or modify the regulations contained in regional agreements or conventions. The latter shall always prevail over the former.

For any additional information, please contact our Spain Employment team specialists:

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.