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What it is

Better family leave rights and reformed unemployment benefits

Plenary step 5 of 7 · Rejected

It is a royal decree-law. It was introduced on 22 December 2023. Introduced by: Gobierno.

Official title: Royal Decree-Law 7/2023, of December 19, by which urgent measures are adopted to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019, on the work-life balance of parents and carers, and repealing Council Directive 2010/18/EU, and for the simplification and improvement of the level of care of unemployment protection.

Source: Congreso de los Diputados, file 130/000002· updated 11 Nov

Automatic summary, not yet reviewed

  1. The breastfeeding leave becomes one hour off work per day until the baby turns nine months old. It can be split into two parts, replaced by a half-hour reduction of the workday, or accumulated into full days. If both parents take it on the same terms, it can extend until the baby turns twelve months.
  2. Collective agreements negotiated in an autonomous community can take precedence over state-wide sector agreements, as long as they are more favorable to workers and have the support of the majorities required to form the negotiating committee.
  3. Performing, audiovisual and musical artists, and the technical and auxiliary staff in those fields, can vote in workplace representative elections from age sixteen and stand as candidates from age eighteen, with only twenty days of seniority at the company.
  4. The means-tested level of unemployment protection (the subsidies) is reformed: coverage expands to people under 45 without family responsibilities who have used up a 360-day benefit, to those with less than six months of contributions, and to seasonal farm workers. The one-month waiting period after the regular benefit ends is removed.
  5. Subsidy amounts now decrease over time: 95% of the public income reference index for the first 180 days, 90% up to day 360, and 80% after that. The subsidy is granted in three-month periods, renewed through a sworn statement of income for the previous month.
  6. The subsidy becomes generally compatible with paid employment through an employment support supplement, capped at 180 days, and also with attending training programs or academic internships.
  7. People who must return benefits received by mistake can ask to pay in installments (up to five years) or to offset the debt partially against a new benefit, instead of losing the whole new benefit.
  8. The rule takes effect the day after publication, but most of the subsidy reform takes effect on June 1, 2024. Subsidies already granted before that date remain governed by the previous rules until they end.

Who it affects

  • Families with babies: The breastfeeding leave and how it can be taken change.
  • Unemployed people receiving subsidies: Subsidies have new requirements, decreasing amounts and quarterly renewals.
  • Seasonal farm workers: Their unemployment protection is unified with the general system and previous restrictions are removed.
  • People who must return benefits received by mistake: They can pay back debts in installments or through partial offsetting.
  • Artists and technical staff in the performing arts: Special rules let them vote and stand in workplace representative elections.

Words worth knowing

Nivel asistencial
The means-tested part of unemployment protection (the subsidies), available without enough contributions for the regular benefit.
Prestación contributiva
The regular unemployment benefit, based on having contributed while working.
Salario mínimo interprofesional
The minimum wage that Spanish law allows employers to pay.
Acuerdo de actividad
A commitment signed with public employment services that includes actively looking for work and joining employment programs.
Indicador público de rentas de efectos múltiples (IPREM)
A reference amount set by the State, used to calculate benefits and aid.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 5 of 7 steps. It reached Plenary, and today it is rejected.

  1. Introduced22 December 2023Someone registers the text in the Congreso.
  2. Admitted9 January 2024The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary9 January 2024All 350 deputies vote.
  6. Senatenot reachedThe Senate can pass it, amend it or veto it.
  7. BOEnot reachedIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Dec 202311. 22 December 2023: Presentación22. 9 January 2024: Calificación33. 9 January 2024: Pleno Convalidación desde 09/01/2024 hasta 10/01/202444. 10 January 2024: Concluido - (Derogado) desde 10/01/2024 hasta 18/01/2024

10 January 2024

How did the plenary vote?

More votes against 167 yes · 176 no

Voted on: Royal Decree-Law 7/2023, of December 19, by which urgent measures are adopted to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019, on the work-life balance of parents and carers, and repealing Council Directive 2010/18/EU, and for the simplification and improvement of the level of care of unemployment protection.

Source: Congreso de los Diputados, vote 3 of sitting 15· updated 10 Nov

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Your province

How did the deputies from your province vote?

And your senators: the Senate does not link its votes to this law in its open data, so we cannot put them side by side here.

Or see how most of each province voted
More details: how each group and each province voted

The groups

Who voted in favour and who against?

In favour, most of Euskal Herria Bildu, Plurinacional SUMAR, Republicano, Socialista and Vasco (EAJ-PNV). Against, most of Mixto, Popular en el Congreso and VOX. 2 deputies voted differently from their group.

By province: in 11 most voted in favour; in 31, against.

Coloured by how most of each province’s deputies voted.

  • In favour: 11
  • Against: 31
  • Tie: 10
Result by parliamentary group
GroupSeatsHow it voted
Euskal Herria Bildu6
6 in favour
Plurinacional SUMAR26
26 in favour
Republicano7
7 in favour
Socialista121
121 in favour
Vasco (EAJ-PNV)5
5 in favour
Junts per Catalunya7
7 did not vote
Mixto8
2 in favour · 6 against
Popular en el Congreso137
137 against
VOX33
33 against

What happens next

What happens now?

It goes no further. A similar one could be introduced later.

Published in the BOE: Royal Decree-Law 7/2023, of December 19, by which urgent measures are adopted to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019, on the work-life balance of parents and carers, and repealing Council Directive 2010/18/EU, and for the simplification and improvement of the level of care of unemployment protection.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.