A normative analysis of the evolution of work-life balance policies in the European Union. From maternity to co-responsibility

Abstract

This paper presents an analysis of what has been the evolution of a subject such as the work-life balance, focusing on the regulations of the European Union. There have been three phases and three are the essential regulatory groups: the first focused on the protection of maternity, characterized by the exclusive ownership of the protection mechanisms by working women; whose regulation is found in Directive 92/85. Subsequently, the community regulatory powers focus on regulating rights from a neutral perspective; that is, aimed at protecting both male and female workers. In this phase we find Directives 96/34 and 2010/18, both characterized by being the product of social dialogue and essentially regulating parental leave. Finally, from a perspective more focused on co-responsibility, we find Directive 2019/1158. Once this analysis has been carried out, we have focused on highlighting how the position of the jurisprudence of the European Union has been relevant in this normative evolution. In this way we have pointed out what have been the main jurisprudential milestones on the matter. We end the analysis by pointing out a set of proposals for the future, especially pointing out the need to limit the effects of a regulation based on the exclusive protection of
working women, since the negative effects of this approach are overwhelming. On the other hand, the need to regulate more forceful co-responsibility measures. Finally, the need to regulate measures that facilitate the adaptation of working time to the needs of working people, which can be a good remedy for the needs of work-life balance.