Protection against dismissal and other unfavorable consequences

transposition from EU Directive 2019/1158 to Spanish legislation

Abstract

The EU Directive 2019/1158 requires the Member State to adopt the necessary measures to prohibit the dismissal of workers and any preparation for their dismissal when they want to exercise their rights to reconcile their working and family life as recognised in the different legal systems. It is about establishing specific safeguards against the legal retributions the company can take from the moment either parent asks for or has permissions related to the co-responsible exercise of the rights of family and work life.
Undoubtedly, the equitable distribution of family responsibilities is instrumental in promoting real and effective equality between both sexes, so it is essential that the national legislation establishes the consequences that a company will have if it has acted illegally. Therefore, the imposition of sanctions must have a sufficient magnitude to be effective and dissuasive, so that the employer is not tempted to dismiss workers by any of the circumstances specially protected by European legislation, who intend to request permission for leave to care for a family member who depends on them or needs care.