This Tuesday, the Popular Party finally registered the Law of Family Conciliation and Joint Responsibility, which it has not stopped talking about throughout the month of September. The social bet of the popular took the PSOE “on the wrong foot”who was quick to criticize it “because it does not correspond to what the PP is doing in its Autonomous Communities”. That’s what he said Pilar Alegriaspokesperson for the minister, during the press conference after the Council of Ministers.
However, sources in Brussels confirmed to this newspaper that it was the Spanish government which was denounced by the European Commission before the Court of Justice of the EU for not complying on time the conciliation directive, in force for more than five years.
The fines demanded by the Community Executive are two in number: one of at least 6,832 million euros for delay and other “coercive measures” daily of 43,920 euros from the date of the decision in this procedure until the Kingdom of Spain complies with its obligation.”
It was not transposed in time and was not transposed well. Actually, The executive of Pedro Sánchez “blatantly” does not respect its articles 5 and 8which set the weeks of parental leave. The EU established that there were 16 of them, “at least half of whom benefited from remuneration or economic benefits”. And the government left them halfway.
The latest reform of the Workers’ Statute, from August this year, expressly reflects this: “Workers will have right to parental leavefor the custody of a son, a daughter or a minor taken in for a period of more than one year, until the minor reaches the age of eight,” explains the legal text.
“This permit, which will last no more than eight weekscontinuous or discontinuous, can be exercised full-time or part-time. in accordance with the regulations“.
But regulatory development is still lacking, so that this parental leave, in fact, is not currently appreciated as it should be. AND It is unclear who should provide the benefit or compensation.
Sumar and PSOE
Curiously, they were the most bellicose members of the PSOE with the PP in recent weeks. And those of Sumar, the minority partner of the Government, those who took the opportunity to justify themselves. “Everything we propose is first controversial, then debated, and finally it is law,” he said proudly. Iñigo Errejónspokesperson for the radical left party in Congress.
However, there are two of his five ministers who do not respect this transposition of the European directive: the second vice-president and minister of Labor, Yolanda Diazand holder of Social Rights, Pablo Bustinduy.
The second joined Sumar for the 23-J elections and is responsible for the Family Law, which the Council of Ministers approved in March, entered Congress in March and is now in the parliamentary process.
The law was already debated in the Lower House when Pedro Sánchez dissolved the Chambers after the municipal and regional elections and brought forward the general elections to July 23. On these occasions, all current projects and proposals decline.
The first is the founder of Sumar and the author of the reform of the Workers’ Status. The one that establishes half the time and remuneration of Spanish workers compared to the rest of Europeans.
Parental leave can last up to 16 weeks (eight in Spain) which each parent can take during the first eight years of life of your child to take care of him in all circumstances.
Violations
Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019 establishes “minimum requirements aimed at achieving equality between men and women with regard to opportunities in the labor market and treatment in work,” explains the Commission. It’s about “facilitate conciliation for workers who are parents or guardians of family and professional life.
But the law on the family arrived late, due to the end of the legislature. Spain failed to respect its time transposition of the directive. And the Workers’ Status, reformed this summer, violates the content of the European standard.
In fact, the same text presented by the Commission before the CJEU explains these vicissitudes by accusing the Sánchez government: “The Kingdom of Spain did not fulfill this obligation; Consequently, on September 21, 2022, the Commission sent a request letter“.
La Moncloa responded to Brussels on November 18, 2022, almost two months laterexplaining that the transposition of the directive “would have the form of both a law and a royal decree” and that with regard to the law, “it was while waiting for final procedures which correspond to the Government”.
When on April 19, 2023, the Commission again notified a new reasoned opinion, the Government took until June 6 to respond with a letter “in which it acknowledges not having transposed the directive on time”.
The excuse was that “the directive was included in the draft family law adopted by the Council of Ministers on March 28, 2023, the treatment of which had declined with the dissolution of the Cortes Générales“.
Thus, in an appeal filed on January 30, 2024 by the European Commission before the CJEU, Brussels requests that the Kingdom of Spain be “condemned to the payment of a lump sum and a penalty” for its irregularities “in accordance with the communication on the financial sanctions in infringement procedures“.
