On Thursday, 22 August, the Parity Act passed by the Congress of Deputies has entered into force. Organic Law 2/2024 was published last August 2 in the Official State Gazette (BOE), but it has detected "a regrettable technical error", as recognized by the Minister of Equality, Ana Redondo. As a result of a miswording, the law allows the dismissal of working people who have requested permission for hospitalization or illness from a relative for their care. Redondo pointed out that “it does not respond to political will”. They have adopted a text prior to the Spanish Workers’ Statute in which the amendments introduced by the Royal Legislative Decree of June 2023 have not been taken into account.

By means of the Parity Act, Articles 53 and 55 of the Workers Statute of Spain, which contains the list of reasons for declaring the invalidity of a dismissal, have included victims of sexual violence in the group of those who are not expelled, but the references to Articles 37.3 b and 34.8 have been deleted. Article 37.3 b states that workers have the right to five days of leave due to accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home leave, and Article 34.8 mentions the right of workers to request adaptation of the working day to realize their right to conciliation of family and work life, as stated by El Salto. It should be recalled that dismissal is declared null and void when it is understood that the fundamental rights of the worker have been violated, in which case the company must readmit the dismissed person and pay the wages that have not been paid during the time of dismissal.

The Ministry of Equality says that the text will be corrected as soon as possible and the Ministry of Labour ensures that the Inspectorate will be vigilant and will pay attention to any dismissal arising from the request or enjoyment of the adaptation of the day. Mr Redondo and the Ministry of Equality have pointed out that it will not be possible to correct the problem until September, when parliamentary activity in the Basque Parliament is resumed. "Any worker has the right to be protected if he is dismissed as a result of the exercise of his rights of conciliation", said the Ministry of Equality.

Not less than 40% and not more than 60% men and women

The aim of the Parity Act is “a balanced and equal representation of women and men” in the business and political sphere. With this new law, more than 250 workers, more than EUR 50 million in turnover, or boards of directors of listed companies and public interest entities with an asset of more than EUR 43 million, should have a composition according to the principle of parity, according to El Salto. As regards this composition, it is stated that the number of workers per sex must represent at least 40% of the total number of workers and may not exceed 60%.

As far as the political sphere is concerned, candidates should be formed by persons of both sexes in an alternative way in the elections referred to in Organic Law 2/2024 (elections of members of the Congress of Spain, Municipalities, Island and Cabildos Councils, Legislative Assemblies of the Autonomous Communities, European Parliament and General Meetings of the Basque Historical Territories).

Applicable by Ibex companies by June 2025 and by trade unions and business associations until 2028

The Europa Press agency has reported on the deadlines for the Parity Act in the various areas of government action. The Parity Act should apply to Ibex companies before 30 June 2025, the other listed companies should apply in 2026 and trade union and business organisations will have until 2028.

In the case of Professional Colleges, the appointment of members of the Governing Boards or the Governing Councils should reach 40% of the sex less represented in these bodies by 30 June 2026.

Boards of directors and senior management of public-interest entities shall reach by 30 June 2026 33 % of the least represented sex in these bodies and 40 % of the least represented sex on 30 June 2028.