CALL FOR PAPERS Nº 51. - May 2024

GENDER, LABOR RELATIONS AND SOCIAL PROTECTION

The question of gender balance in access to the labour market, as well in regard with the development and termination of many employment contracts is not a trivial issue. Being a woman or a man, for example, has been a determining factor in the labour and economic promotion of workers, among the others. Despite the fact that as well as the international legal texts, the Spanish Constitution, recognise the equality between men and women, the wage gap is still a present reality today, and Spain is no exception. When women decide to add maternity to their status as workers, job and salary promotion is even more affected by this decision. The looking for a balance between the family, personal an labour life continues to weigh more heavily on women's than on men's: moreover, the statistics continue to show that more women than men take leave absence to care for children, a fact that has traditionally had a negative impact on women's labour careers. Since the Ley Orgánica 3/2007, of March 22, 2007, for the effective equality of women and men, many legal reforms have been carried out within the Spain and in its Autonomous Communities to promote the gender equality, as well as to protect working women who have been considered as victims of gender violence.

In Spain, numerous legal texts have been approved in this regard, such as Real Decreto ley 6/2019, on urgent measures to guarantee equal treatment and opportunities between women and men in employment and occupation, as well as Real Decreto ley 5/2023, on the transposition of European Union Directives on the conciliation of family and professional life for parents and caregivers. Likewise, in 2022, Ley 15/2022 of July 12, 2022, comprehensive for equal treatment and non-discrimination too was approved, which aims to guarantee and promote the right to equal treatment and non-discrimination, among others. This law aims to transpose more adequately the objectives and purposes of Council Directive 2000/78/EC of November 27, 2000, on the establishment of a general framework for equal treatment in employment and occupation, as well as to incorporate constitutional jurisprudence on Article 14 of the Spanish Constitution. Along the same lines, the Spanish General Social Security Law states that periods of up to three years of leave of absence because of the childcare, will be considered as effective contribution periods for the purposes of the corresponding Social Security benefits for retirement, permanent disability, death and survival, maternity and paternity.

CALL FOR PAPERS

OPEN SECTION - NO SPECIFIC NUMBER

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