JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Organic Law.

EXPLANATORY STATEMENT

I

Article 14 of the Spanish Constitution proclaims the right to equality and non-discrimination on grounds of sex. For its part, Article 9.2 enshrines the obligation of the public authorities to promote the conditions so that the equality of the individual and the groups in which it is integrated are real and effective.

Equality between women and men is a universal legal principle recognised in various international texts on human rights, including the Convention on the Elimination of All Forms of Discrimination The United Nations General Assembly approved in December 1979 and ratified by Spain in 1983. In this same area, the progress made by monographic world conferences, such as the Nairobi in 1985 and Beijing 1995, should be mentioned.

Equality is also a fundamental principle in the European Union. Since the entry into force of the Treaty of Amsterdam on 1 May 1999, equality between women and men and the elimination of inequalities between women and men is an objective which must be integrated into all the policies and actions of the Union and its members.

Under the old Article 111 of the Treaty of Rome, a Community acquis has been developed on a broad and important gender equality acquis, the appropriate transposition of which is, to a large extent, addressed by this Law. In particular, this Law incorporates into Spanish law two Directives on equal treatment, 2002 /73/EC, for the reform of Directive 76 /207/EEC on the application of the principle of equal treatment between men and women in respect of the refers to access to employment, vocational training and promotion, and working conditions; and Directive 2004 /113/EC on the application of the principle of equal treatment between men and women in the access to and their access to goods and services. supply.

II

The full recognition of formal equality before the law, even having behaved, undoubtedly, a decisive step, has proved to be insufficient. Gender-based violence, wage discrimination, discrimination in the pensions of widowers, higher female unemployment, the still low presence of women in positions of political, social, cultural and economic responsibility, or problems of reconciliation between personal, work and family life show how full equality, effective, between women and men, that "perfect equality that does not admit power or privilege for one or another incapacity for others", in words written by John Stuart Mill almost 140 years ago, is still today an outstanding task that requires new legal instruments.

It is necessary, in fact, to act as a regulatory action to combat all manifestations of discrimination, whether direct or indirect, by reason of sex and to promote real equality between women and men, with removal of the obstacles and social stereotypes that prevent it from reaching it. This demand derives from our constitutional order and integrates a genuine right of women, but it is also an element of enrichment of the Spanish society itself, which will contribute to economic development and the increase of the employment.

There is also a special consideration of the cases of double discrimination and the unique difficulties encountered by women with special vulnerability, such as those belonging to minorities, migrant women and women with disabilities.

III

The greatest novelty of this Law is, however, in the prevention of these discriminatory behaviors and in the provision of active policies to make the principle of equality effective. Such an option necessarily implies a projection of the principle of equality on the various areas of the social, cultural and artistic reality in which inequality can be generated or perpetuated. Hence the consideration of the transversal dimension of equality, a sign of the identity of modern anti-discrimination law, as a fundamental principle of this text.

The Law refers to the generality of public policies in Spain, both state and regional. And it does so under the constitutional attribution to the State of competition for the regulation of basic conditions that guarantee the equality of all Spaniards and Spaniards in the exercise of constitutional rights, although contains a more detailed regulation in those areas of competence, basic or full legislative, of the State.

The complexity that derives from the horizontal scope of the principle of equality is also expressed in the structure of the Law. This is dealt with in the general projection of the principle in the different policy areas, and in its additional provisions the corresponding amendment of the very different laws that are affected. In this way, the Law is born with the vocation to erect itself in the law-code of equality between women and men.

The general management of public policies, under the perspective of the principle of equality and the gender perspective, is reflected in the establishment of criteria for action of all the public authorities in which it is integrated. actively, in an express and operational way, this principle; and with specific or sectoral character, are also incorporated guidelines favoring equality in policies such as educational, health, artistic and cultural, of the society of the information, rural development or housing, sport, culture, spatial planning or international cooperation for development.

Basic instruments will be, in this sense, and within the scope of the General Administration of the State, a Strategic Plan of Equal Opportunities, the creation of an Inter-Ministerial Equality Commission with responsibilities of coordination, gender impact reports, whose enforcement is extended from legal standards to plans of particular economic and social relevance, and regular reports or evaluations on the effectiveness of the principle of equality.

Deserves, also, to be highlighted that the Law provides, in order to achieve this effective real equality between women and men, a general framework for the adoption of so-called positive actions. In this sense, it is directed to all the public authorities a mandate for the removal of situations of evident factual inequality, which cannot be corrected by the single formulation of the principle of legal or formal equality. And as soon as these actions can lead to the formulation of an unequal right in favor of women, they establish channels and conditions to ensure their constitutional lawfulness.

The achievement of real and effective equality in our society requires not only the commitment of public subjects, but also its determined promotion in the orbit of relationships between individuals. The regulation of access to goods and services is the object of the Law, combining the principles of freedom and contractual autonomy with the promotion of equality between women and men. It has also been considered appropriate to establish certain measures for the promotion of effective equality in private enterprises, such as those collected in the field of public procurement or grants or in reference to the advice of the administration.

Special attention lends the Law to the correction of inequality in the specific field of labor relations. By means of a series of forecasts, the right to the reconciliation of personal, family and work life is recognised and greater co-responsibility between women and men is encouraged in the assumption of family obligations, which are inspiring criteria for the whole norm that they find here their most significant concreteness.

The Law seeks to promote the adoption of concrete measures in favor of equality in companies, placing them in the framework of collective bargaining, so that they are the parties, freely and responsibly, that agree with their content.

Within the same scope of employment, but with its own characteristics, specific measures are included in the Law on the selection processes and for the provision of jobs within the General Administration of the State. And the projection of equality extends to the Security Forces and Corps and the Armed Forces.

Of the concern for the scope of effective equality in our society could not be left out of the scope of political participation, both at its state level and at the local and regional levels, as well as in its projection of international cooperation policy for development. The call in the law principle of presence or balanced composition, with which it is a question of ensuring a sufficiently meaningful representation of both sexes in organs and positions of responsibility, is thus carried also to the regulatory norms of the general electoral system, opting for a formula with the appropriate flexibility to reconcile the requirements arising from Articles 9.2 and 14 of the Constitution with the right to vote as a liability in Article 23 thereof. constitutional text. The recent international texts in this field are thus assumed and progress is being made on the road to ensuring a balanced presence of women and men in the field of political representation, with the fundamental objective of improving the quality of this representation and with it of our own democracy.

IV

The Law is structured in a preliminary Title, eight Titles, thirty and one additional provisions, eleven transitional provisions, one derogating provision and eight final provisions.

The Preliminary Title sets the object and scope of the Law.

The First Title defines, following the indications of the Reference Directives, the basic legal concepts and categories relating to equality, such as those of direct and indirect discrimination, sexual harassment and harassment on grounds of grounds of sex, and positive actions. It also determines the legal consequences of discriminatory conduct and incorporates procedural guarantees to strengthen the judicial protection of the right of equality.

In the Second Title, Chapter 1, the general guidelines for the action of public authorities in relation to equality are laid down, the principle of mainstreaming and the instruments for their integration into the elaboration, implementation and application of the rules. The principle of a balanced presence of women and men in electoral lists and appointments made by public authorities is also enshrined, with the consequent amendments to the additional provisions of the Law. Electoral, also regulating the reports of gender impact and public planning of actions in favor of equality, which in the General Administration of the State will be reflected in a Strategic Plan of Equal Opportunities.

In Chapter II of this Title, the criteria for the orientation of public policies in the field of education, culture and health are established. It also includes the promotion of the incorporation of women into the information society, the inclusion of measures of effectiveness of equality in the policies of access to housing, and in the development of rural areas.

Title III contains measures to promote equality in the social media, with specific rules for public ownership, as well as instruments to control content advertising assumptions. discriminatory.

Title IV deals with the right to work on equal opportunities, incorporating measures to ensure equality between women and men in access to employment, in vocational training and promotion, and in working conditions. It is also included, among workers 'and workers' rights, protection against sexual harassment and harassment on grounds of sex.

In addition to the general duty of companies to respect the principle of equality in the field of employment, it is specifically envisaged that the obligation to negotiate equality plans in companies of more than two hundred and fifty workers or workers. The relevance of the instrument of equality plans also explains the anticipation of the promotion of their voluntary implementation in small and medium-sized enterprises.

To encourage the incorporation of women into the labour market, a goal is established to improve access and stay in the employment of women, enhancing their level of training and their adaptability to the requirements of the labour market through its possible consideration as a priority population group for active employment policies. Likewise, the law contains a series of concrete social and labour measures, which are regulated in the various additional provisions of the Law.

The most innovative measure to promote the reconciliation of personal, family and work life is the 13-day paternity leave, which can be extended in the case of multiple births in two more days for each child or child. of the second. This is an individual and exclusive right of the father, which is recognized both in the cases of biological paternity and in the adoption and acceptance. Improvements are also made to the current maternity leave, extending it in two weeks for the alleged child or daughter with disabilities, and can make use of this extension without distinction both parents.

These same improvements are also introduced for self-employed workers and other special social security schemes.

In relation to the reduction of the day by legal guardian, it is extended, on the one hand, the maximum age of the child who gives the right to the reduction, from six to eight years, and it is reduced, on the other, to an eighth of the day the minimum limit of such a reduction. The minimum duration of voluntary leave is also reduced to four months and the maximum length of leave for the care of family members is extended from one to two years. The possibility that both the care of the child and the care of the family may be enjoyed in a split manner is recognized.

The violations and sanctions and the mechanisms for monitoring non-discrimination are also adapted, and the role of the Labour and Social Security Inspectorate is strengthened. It is particularly innovative in this area to switch to ancillary sanctions for the establishment of Equality Plans.

The changes in the labour force involve the introduction of some new developments in the field of social security, which are included in the additional provisions of the Law. Among them, particular emphasis should be placed on the flexibility of the prior contribution requirements for access to maternity benefit, the recognition of a new allowance for the same cause for workers who do not credit them. requirements or the creation of the economic provision by paternity.

Title V, Chapter I, regulates the principle of equality in public employment, establishing the general criteria for action in favour of equality for all public administrations and, in Chapter II thereof, the balanced presence of women and men in the appointments of management bodies of the General Administration of the State, which also applies to the selection and assessment bodies of staff and the appointments of organ members Members of the Board of Directors, committees and boards of directors of undertakings in whose capital the said Administration. Chapter III of this Title is devoted to measures of equality in employment in the field of the General Administration of the State, in the same way as that provided for in the relations of work in the private sector, and with the specific provision of the mandate for the approval of a protocol for action against sexual harassment and for sex.

Chapters IV and V regulate, specifically, respect for the principle of equality in the Armed Forces and the State Security Forces and Corps.

Title VI of the Law is dedicated to equal treatment in access to goods and services, with special reference to insurance.

Title VII provides for the voluntary realization of actions of social responsibility by companies in the field of equality, which may also be the subject of concert with the representation of workers, consumer organisations, associations for the defence of equality or equality bodies. Specifically, the use of these actions for advertising purposes is regulated.

In this Title, and in the framework of corporate social responsibility, the promotion of the balanced presence of women and men has been included in the boards of directors of the commercial societies, granting for this a reasonable period. The aim of this measure is to ensure that the criteria used in the incorporation of members are talent and professional performance, since, in order for the process to be governed by the criterion of impartiality, sex must not constitute an obstacle. as a factor of choice.

Title VIII of the Law establishes a series of organizational provisions, with the creation of an Inter-Ministerial Commission for Equality between Women and Men and the Equality Units in each Ministry. In addition to the above, the Law constitutes a Council for the participation of women, as a collegiate body that must serve as a channel for institutional participation in these matters.

As stated above, the additional provisions contain the various amendments to the provisions of the Laws in force necessary for their accommodation to the requirements and forecasts arising from this Law. In addition to these changes in the system, specific regulations are also included to define the principle of composition or a balanced presence, to create a fund in the field of information society, new cases of nullity of certain extinctions of the employment relationship, to designate the Institute of Women for the purposes of the Directives to be incorporated.

The transitional provisions provide for the temporary regime applicable to certain aspects of the Law, such as those relating to appointments and procedures, preventive measures of harassment in the General Administration of the State, the business distinctive in terms of equality, the tables of mortality and survival, new maternity and paternity rights, the balanced composition of the electoral lists, as well as the negotiation of new collective agreements.

The final provisions refer to the nature of the law, to its constitutional foundation and to its relationship with the community order, enabling regulatory development, establishing the dates of its entry into force and a mandate for the evaluation of the results of collective bargaining in the field of equality.

PRELIMINARY TITLE

Object and Scope of the Law

Article 1. Object of the Law.

1. Women and men are equal in human dignity, and equal in rights and duties. The purpose of this Law is to make effective the right of equal treatment and equal opportunities for women and men, in particular by eliminating discrimination against women, whatever their circumstances or conditions, in any of the the areas of life and, singularly, in the political, civil, labour, economic, social and cultural spheres for, in the development of Articles 9.2 and 14 of the Constitution, to achieve a more democratic, fairer and more supportive society.

2. To these effects, the Law establishes principles of action of the Public Powers, regulates the rights and duties of natural and legal persons, both public and private, and provides for measures aimed at eliminating and correcting in the public and private, all forms of discrimination on grounds of sex.

Article 2. Scope.

1. All persons shall enjoy the rights deriving from the principle of equal treatment and the prohibition of discrimination on grounds of sex.

2. The obligations laid down in this Law shall apply to any person, natural or legal, who is or acts on Spanish territory, irrespective of nationality, domicile or residence.

TITLE I

The principle of equality and protection against discrimination

Article 3. The principle of equal treatment between women and men.

The principle of equal treatment between women and men implies the absence of any discrimination, whether direct or indirect, by reason of sex, and, in particular, those arising from maternity, the taking of family obligations and the marital status.

Article 4. Integration of the principle of equality in the interpretation and application of the rules.

Equal treatment and equal opportunities for women and men is a reporting principle for the legal system and, as such, will be integrated and observed in the interpretation and application of legal standards.

Article 5. Equal treatment and opportunities in access to employment, in vocational training and promotion, and in working conditions.

The principle of equal treatment and equal opportunities for women and men, applicable in the field of private employment and in the field of public employment, shall be guaranteed, as provided for in the applicable legislation, in access to the employment, including self-employment, in vocational training, in vocational training, in working conditions, including remuneration and redundancy, and in the membership and participation of trade unions and employers ' organisations, and business, or in any organisation whose members pursue a particular profession, including the benefits granted by them.

It shall not constitute discrimination in access to employment, including necessary training, a difference of treatment based on a characteristic related to sex when, due to the nature of the professional activities (a) specific and decisive professional requirements, provided that the objective is legitimate and the requirement provided.

Article 6. Direct and indirect discrimination.

1. Direct discrimination on grounds of sex is considered to be the situation of a person who is, or may have been, treated in the care of his or her sex, in a less favourable manner than another in a comparable situation.

2. Indirect discrimination on grounds of sex is considered to be the situation in which a seemingly neutral provision, criterion or practice places persons of particular disadvantage with respect to persons of the other, unless that provision, Criterion or practice can be objectively justified in the light of a legitimate aim and that the means to achieve that objective are necessary and appropriate.

3. In any event, any order to discriminate, directly or indirectly, by reason of sex, is considered to be discriminatory.

Article 7. Sexual harassment and harassment on grounds of sex.

1. Without prejudice to the provisions of the Penal Code, the effects of this Law constitute sexual harassment of any behavior, verbal or physical, of a sexual nature that has the purpose or produces the effect of attacking the dignity of a person. person, in particular when creating an intimidating, degrading or offensive environment.

2. It constitutes sexual harassment of any behavior performed according to the sex of a person, with the purpose or effect of attacking his or her dignity and of creating an intimidating, degrading or offensive environment.

3. Sexual harassment and harassment on grounds of sex shall be considered in any case to be discriminatory.

4. The conditioning of a right or an expectation of the right to accept a situation of sexual harassment or harassment on grounds of sex shall also be deemed to be an act of discrimination on grounds of sex.

Article 8. Pregnancy or maternity discrimination.

It constitutes direct discrimination on the grounds of sex any unfavourable treatment of women related to pregnancy or maternity.

Article 9. Compensation for retaliation.

Any adverse treatment or negative effect that occurs in a person as a result of the filing of a complaint, complaint, complaint, complaint, or appeal shall also be deemed to be discrimination on the basis of sex. any type, intended to prevent their discrimination and to require effective compliance with the principle of equal treatment between women and men.

Article 10. Legal consequences of discriminatory conduct.

Acts and clauses of legal businesses that constitute or cause discrimination on the basis of sex shall be deemed null and void and shall give rise to liability through a system of reparations or compensation. they are real, effective and proportionate to the damage suffered, as well as, where appropriate, through an effective and dissuasive system of sanctions preventing the conduct of discriminatory conduct.

Article 11. Positive actions.

1. In order to make the constitutional right of equality effective, the Public Powers will adopt specific measures in favour of women to correct situations of inequality in fact in relation to men. Such measures, which shall apply as long as such situations persist, shall be reasonable and proportionate in relation to the objective pursued in each case.

2. Private natural and legal persons may also adopt such measures in accordance with the terms set out in this Law.

Article 12. Effective judicial protection.

1. Any person may obtain from the courts the protection of the right to equality between women and men, in accordance with the provisions of Article 53.2 of the Constitution, even after the termination of the relationship in which he is alleged to have been produced the discrimination.

2. The capacity and legitimacy to intervene in the civil, social and administrative-administrative processes which are related to the defence of this right correspond to the natural and legal persons with legitimate interest, determined in the Laws regulatory for these processes.

3. The person who is harassed will be the only person entitled to litigation on sexual harassment and harassment on grounds of sex.

Article 13. Test.

1. In accordance with the procedural laws, in those proceedings where the claims of the acting party are based on discriminatory action on grounds of sex, it is for the defendant to prove the absence of discrimination in the the measures taken and their proportionality.

For the purposes of the preceding paragraph, the court, at the request of a party, may, if it considers it useful and relevant, obtain a report or opinion from the competent public bodies.

2. The above paragraph shall not apply to criminal proceedings.

TITLE II

Public policies for equality

CHAPTER I

General principles

Article 14. General criteria for action by the Public Authorities.

For the purposes of this Law, it will be general criteria of action of the Public Powers:

1. The commitment to the effectiveness of the constitutional right of equality between women and men.

2. The integration of the principle of equal treatment and opportunities in all economic, labour, social, cultural and artistic policies, in order to avoid labour segregation and eliminate the differences in remuneration, as well as to strengthen the growth of female entrepreneurship in all areas encompassing the policy mix and the value of women's work, including domestic work.

3. Cooperation and cooperation between the various public administrations in the implementation of the principle of equal treatment and opportunities.

4. The balanced participation of women and men in electoral applications and in decision-making.

5. The adoption of the necessary measures for the eradication of gender-based violence, family violence and all forms of sexual harassment and harassment on the basis of sex.

6. The consideration of the unique difficulties encountered by women in groups of particular vulnerability such as those belonging to minorities, migrant women, girls, women with disabilities, older women, women and children, women widows and women victims of gender-based violence, for whom the public authorities may also adopt positive action measures.

7. The protection of maternity, with particular attention to the assumption by society of the effects of pregnancy, childbirth and lactation.

8. The establishment of measures to ensure the reconciliation of work and the personal and family life of women and men, as well as the promotion of co-responsibility in domestic work and in the care of the family.

9. The promotion of instruments of collaboration between the various public administrations and the social partners, the women's associations and other private entities.

10. The promotion of the effectiveness of the principle of equality between women and men in relationships between individuals.

11. The implementation of a non-sexist language in the administrative field and its promotion in the totality of social, cultural and artistic relations.

12. All the points considered in this article will be promoted and integrated in the same way in the Spanish policy of international cooperation for development.

Article 15. Mainstreaming of the principle of equal treatment between women and men.

The principle of equal treatment and opportunities between women and men will inform, with a transversal character, the action of all Public Powers. Public administrations will actively integrate it in the adoption and implementation of its normative provisions, in the definition and budgeting of public policies in all areas and in the development of all its activities.

Article 16. Appointments made by the Public Powers.

The Public Authorities will seek to address the principle of a balanced presence of women and men in appointments and appointments of the positions of responsibility that correspond to them.

Article 17. Strategic Plan for Equal Opportunities.

The Government, in matters falling within the competence of the State, will periodically approve a Strategic Plan for Equal Opportunities, which will include measures to achieve the objective of equality between women and men and eliminate discrimination on grounds of sex.

Article 18. Periodic report.

In the terms that are determined to be determined, the Government will produce a periodic report on all its actions in relation to the effectiveness of the principle of equality between women and men. This report will be given to the General Courts.

Article 19. Gender impact reports.

Projects of general provisions and plans of special economic, social, cultural and artistic relevance to be submitted to the approval of the Council of Ministers will have to incorporate a report on their impact by gender ratio.

Article 20. Adequacy of statistics and studies.

In order to make effective the provisions contained in this Law and to ensure the effective integration of the gender perspective in its ordinary activity, the public authorities, in the elaboration of its studies and statistics, must:

a) systematically include the gender variable in the statistics, surveys, and data collection that they perform.

b) Establish and include in the statistical operations new indicators that enable a better understanding of the differences in the values, roles, situations, conditions, aspirations and needs of women and men, their manifestation and interaction in the reality to be analyzed.

c) Design and introduce the necessary indicators and mechanisms that allow knowledge of the incidence of other variables whose concurrency results in multiple discrimination situations in the different fields of intervention.

d) Perform large enough samples so that the various variables included can be exploited and analyzed according to the sex variable.

e) Explain the data available so that the different situations, conditions, aspirations and needs of women and men in the different areas of intervention can be known.

(f) Review and, where appropriate, adjust existing statistical definitions in order to contribute to the recognition and assessment of women's work and to avoid the negative stereotyping of certain groups of women women.

Only exceptionally, and by means of a reasoned and approved report by the competent body, a failure to comply with any of the obligations specified above may be justified.

Article 21. Collaboration between public administrations.

1. The General Administration of the State and the Administrations of the Autonomous Communities shall cooperate to integrate the right of equality between women and men in the exercise of their respective powers and, in particular, in their actions of planning. Joint action plans and programmes may be adopted within the Women's Sectoral Conference for this purpose.

2. The Local Entities shall integrate the right of equality in the exercise of their powers and shall collaborate, for this purpose, with the rest of the public administrations.

Article 22. Equitable planning actions of the times.

In order to move towards an equitable sharing of times between women and men, local corporations will be able to establish Municipal Plans for the organization of the city's time. Without prejudice to the powers of the Autonomous Communities, the State may provide technical assistance for the preparation of such plans.

CHAPTER II

Administrative Action for Equality

Article 23. Education for the equality of women and men.

The education system will include education in the respect of fundamental rights and freedoms and equal rights and opportunities between women and men.

The education system will also include, within its quality principles, the removal of obstacles to effective equality between women and men and the promotion of full equality between women and men.

Article 24. Integration of the principle of equality in education policy.

1. Educational administrations will ensure equal rights to the education of women and men through the active integration, in the objectives and in the educational activities, of the principle of equal treatment, avoiding that, by means of There are inequalities between women and men, or because of the associated social stereotypes.

2. The educational administrations, within their respective competences, shall, for this purpose, develop the following actions:

a) Special attention in curricula and in all educational stages to the principle of equality between women and men.

b) The elimination and rejection of sexist behaviors and content and stereotypes that involve discrimination between women and men, with particular regard to textbooks and educational materials.

c) The integration of the study and application of the principle of equality in courses and programs for initial and permanent teacher education.

d) The promotion of the balanced presence of women and men in the control and governing bodies of the educational institutions.

(e) Cooperation with the rest of the educational administrations for the development of projects and programmes aimed at promoting knowledge and dissemination, among the people of the educational community, of the principles of coeducation and effective equality between women and men.

f) The establishment of educational measures aimed at the recognition and teaching of the role of women in history.

Article 25. Equality in the field of higher education.

1. In the field of higher education, public administrations in the exercise of their respective competences will promote education and research on the meaning and scope of equality between women and men.

2. In particular, and for this purpose, public administrations shall promote:

(a) The inclusion, in the curricula in which it comes, of teaching on equality between women and men.

b) The creation of specific postgrades.

c) The conduct of studies and specialized research in the field.

Article 26. Equality in the field of artistic and intellectual creation and production.

1. The public authorities, in the field of their powers, shall ensure that the principle of equal treatment and equal opportunities between women and men in all matters relating to artistic and intellectual creation and production and dissemination is effective. of the same.

2. The following actions shall be carried out by the various bodies, agencies, entities and other structures of public administrations which, directly or indirectly, set up the cultural management

:

(a) Adopt initiatives to promote the specific promotion of women in culture and to combat their structural and/or diffuse discrimination.

(b) Active policies for the creation and production of artistic and intellectual female authorship, translated into incentives of an economic nature, in order to create the conditions for effective equality of opportunities.

c) Promote the balanced presence of women and men in the artistic and cultural offerings.

d) That the balanced representation of the various consultative, scientific and decision-making bodies in the artistic and cultural establishment plan be respected and guaranteed.

e) Adopt measures of positive action to the creation and artistic and intellectual production of women, fostering the cultural, intellectual and artistic exchange, both national and international, and the subscription of agreements with the competent bodies.

f) In general and under Article 11 of this Law, all the positive actions necessary to correct the situations of inequality in the production and artistic and cultural intellectual creation of women.

Article 27. Integration of the principle of equality in health policy.

1. Health policies, strategies and programmes shall integrate, in their formulation, development and evaluation, the different needs of women and men and the measures necessary to address them appropriately.

2. Public administrations will ensure equal rights to the health of women and men, through the active integration, in the objectives and in the actions of the health policy, of the principle of equal treatment, avoiding that for their biological differences or associated social stereotypes, discrimination between some and others.

3. Public administrations, through their Health Services and the competent bodies in each case, shall develop, in accordance with the principle of equal opportunities, the following actions:

(a) The systematic adoption, within health education actions, of initiatives aimed at promoting the specific promotion of women's health, as well as preventing their discrimination.

b) The promotion of scientific research that addresses the differences between women and men in relation to the protection of their health, especially in relation to accessibility and the diagnostic and therapeutic effort, both in their clinical trial aspects as care.

c) Consideration, within the protection, promotion and improvement of occupational health, sexual harassment and harassment on the basis of sex.

d) The integration of the principle of equality in the training of personnel in the service of health organisations, in particular ensuring their capacity to detect and address situations of gender-based violence.

e) The balanced presence of women and men in the management and professional positions of the National Health System as a whole.

f) Disaggregated treatment and treatment by sex, wherever possible, of data contained in records, surveys, statistics or other medical and health information systems.

Article 28. Information Society.

1. All public development programmes of the Information Society shall incorporate the effective consideration of the principle of equal opportunities for women and men in their design and implementation.

2. The Government will promote the full incorporation of women into the Information Society through the development of specific programmes, in particular in the field of access and training in information and communications technologies, contemplating those of exclusion risk groups and rural areas.

3. The Government will promote the content created by women in the field of the Information Society.

4. In projects in the field of information and communication technologies, which are fully or partially covered by public money, their language and content shall be guaranteed to be non-sexist.

Article 29. Sports.

1. All public sports development programmes shall incorporate the effective consideration of the principle of real and effective equality between women and men in their design and implementation.

2. The Government will promote women's sport and promote the effective opening of sports disciplines to women through the development of specific programmes at all stages of life and at all levels, including those of responsibility and decision.

Article 30. Rural development.

1. In order to achieve equality between women and men in the agricultural sector, the Ministry of Agriculture, Fisheries and Food and the Ministry of Labour and Social Affairs will develop the legal status of shared ownership, fully recognise the rights of women in the agricultural sector, the corresponding protection of social security, as well as the recognition of their work.

2. Measures aimed at the development of the rural environment will include actions aimed at improving the educational and training level of women, and in particular those which encourage their incorporation into the labour market and the labour market. address of companies and associations.

3. Public administrations will promote new work activities that will promote the work of women in the rural world.

4. Public administrations will promote the development of a network of social services to serve minors, older and dependent as a measure of reconciliation of work, family and personnel of men and women in rural areas.

5. Public authorities will promote equal opportunities in access to information and communication technologies through the use of policies and activities aimed at rural women, and the application of alternative technological solutions. where the extent of these technologies is not possible.

Article 31. Urban, spatial planning and housing policies.

1. The policies and plans of public administrations in the area of access to housing shall include measures to make the principle of equality between women and men effective.

In the same way, urban and spatial planning policies will take into account the needs of the various social groups and the various types of family structures, and will foster access in conditions of Equality for the various urban services and infrastructure.

2. The Government, in the field of its powers, shall promote access to the housing of women in need or at risk of exclusion, and of those who have been victims of gender-based violence, in particular where, in both cases, they have children under his or her sole responsibility.

3. Public administrations will take into account in the design of the city, in urban policies, in the definition and execution of urban planning, the gender perspective, using for this, especially mechanisms and instruments that encourage and promote citizen participation and transparency.

Article 32. Spanish development cooperation policy.

1. All policies, plans, strategic planning documents, both sectoral and geographical, and tools for operational programming of Spanish development cooperation, will include the principle of equality between women and men. a substantial element in their agenda of priorities, and will receive a cross-cutting and targeted treatment of their content, including concrete measures for monitoring and evaluation of achievements for effective equality in the Spanish development cooperation.

2. In addition, a Sectoral Strategy for Equality between Women and Men will be developed for Spanish cooperation, which will be updated regularly on the basis of the achievements and lessons learned in the previous processes.

3. The Spanish authorities will consider a progressive, medium-term process of effective integration of the principle of equality and the gender-based approach to development (GED), at all levels of its management, which will make the application of the principle possible and effective. Sectoral Strategy for Equality between Women and Men, which provides for specific actions to achieve mainstreaming in the actions of Spanish cooperation, and the promotion of positive action measures that promote change significant in the implementation of the principle of equality, both within the administration and in the mandate for the development of the Spanish cooperation itself.

Article 33. Public administration contracts.

The public authorities, within the scope of their respective powers, through their contracting authorities and, in relation to the performance of contracts they conclude, may lay down special conditions for the purpose of promote equality between women and men in the labour market, in accordance with the provisions of the law on public sector contracts.

Article 34. Contracts of the General Administration of the State.

1. Each year, the Council of Ministers, in the light of the development and impact of equality policies on the labour market, shall determine the contracts of the General Administration of the State and its public bodies which must include among its implementing conditions measures aimed at promoting effective equality between women and men in the labour market, as provided for in the law on public sector contracts.

In the Agreement referred to in the preceding paragraph, the characteristics of the conditions to be included in the specifications may be established, where appropriate, in the light of the nature of the contracts and the sector of activity in which they are generate the capabilities.

2. The contracting authorities may lay down in the specifications of particular administrative clauses the preference in the award of contracts for proposals submitted by those undertakings which, at the time of their creditworthiness technical or professional, comply with the guidelines set out in the previous paragraph, provided that these proposals match in their terms to the most advantageous from the point of view of the objective criteria that serve as a basis for the award and respecting, in any case, the priority set out in the first paragraph of the additional provision Eighth of the Recast Text of the Law of Contracts of Public Administrations, approved by Royal Legislative Decree 2/2000, of June 16.

Article 35. Public subsidies.

The public administrations, in the strategic plans of grants they adopt in the exercise of their powers, will determine the areas in which, by reason of the existence of a situation of inequality of opportunities between women and men, the regulatory bases for the corresponding grants may include the assessment of actions of effective achievement of equality by the applicant entities.

To these effects, the measures of reconciliation of personal, work and family life, social responsibility of the company, or the obtaining of the business distinctive in the field of regulated equality, may be valued among others. Chapter IV of Title IV of this Law.

TITLE III

Equality and Media

Article 36. Equality in the social media of public ownership.

The social media of public ownership will ensure the transmission of an equal, plural and non-stereotypical image of women and men in society, and promote knowledge and dissemination of the principle of equality between women and men.

Article 37. RTVE Corporation.

1. The RTVE Corporation, in the exercise of its public service function, will pursue the following objectives in its programming:

a) To adequately reflect the presence of women in the various areas of social life.

b) Use language in non-sexist form.

c) Adopt, by means of self-regulation, codes of conduct aimed at transmitting the content of the principle of equality.

d) Collaborate with institutional campaigns aimed at promoting equality between women and men and eradicating gender-based violence.

2. The RTVE Corporation will promote the incorporation of women into positions of managerial and professional responsibility. It will also foster the relationship with women's associations and groups to identify their needs and interests in the field of communication.

Article 38. EFE Agency.

1. In the course of its activities, the EFE Agency shall ensure respect for the principle of equality between women and men, and in particular for the non-sexist use of language, and shall pursue the following objectives in its action:

a) adequately reflect the presence of women in the various areas of social life.

b) Use language in non-sexist form.

c) Adopt, by means of self-regulation, codes of conduct aimed at transmitting the content of the principle of equality.

d) Collaborate with institutional campaigns aimed at promoting equality between women and men and eradicating gender-based violence.

2. The EFE Agency will promote the incorporation of women into positions of managerial and professional responsibility. It will also foster the relationship with women's associations and groups to identify their needs and interests in the field of communication.

Article 39. Equality in the social media of private ownership.

1. All media will respect equality between women and men, avoiding any form of discrimination.

2. Public administrations will promote the adoption by the media of self-regulation agreements that will contribute to the enforcement of equality legislation between women and men, including the activities of sale and advertising that in those are developed.

Article 40. Audiovisual authority.

The authorities responsible for ensuring that the audiovisual media comply with their obligations shall take the measures which, in accordance with their rules, proceed in order to ensure the treatment of women in accordance with the constitutional principles and values.

Article 41. Equality and publicity.

Advertising that carries out discriminatory conduct in accordance with this Law shall be deemed to be unlawful advertising, in accordance with the provisions of general advertising and advertising and institutional communication legislation.

TITLE IV

The right to work on equal opportunities

CHAPTER I

Equal treatment and opportunities in the workplace

Article 42. Programmes to improve the employability of women.

1. Employment policies will have as one of their priority objectives to increase the participation of women in the labour market and to advance effective equality between women and men. To this end, employability and permanence in the employment of women will be improved, enhancing their level of training and their adaptability to the requirements of the labour market.

2. The active labour integration programmes will comprise all educational and age levels of women, including vocational training, workshop schools and office of staff, aimed at unemployed persons, may be used as a priority. to specific groups of women or to contemplate a certain proportion of women.

Article 43. Promotion of equality in collective bargaining.

In accordance with the legal provisions, positive action measures to promote women's access to employment and the effective implementation of the principle of equal treatment can be established through collective bargaining. non-discrimination in working conditions between women and men.

CHAPTER II

Equality and reconciliation

Article 44. The reconciliation rights of personal, family and work life.

1. The rights of reconciliation of personal, family and work life will be recognised as workers and workers in a way that encourages the balanced assumption of family responsibilities, avoiding discrimination based on their exercise.

2. Maternity leave and maternity benefit shall be granted in accordance with the terms laid down in the labour and social security regulations.

3. In order to contribute to a more balanced distribution of family responsibilities, parents are given the right to a paternity leave and a paternity benefit, as provided for in the employment and social security regulations.

CHAPTER III

Equality plans for businesses and other measures to promote equality

Article 45. Development and implementation of equality plans.

1. Companies are obliged to respect equal treatment and opportunities in the workplace and, for this purpose, must take measures to avoid any kind of discrimination between women and men, measures which must be taken into account to negotiate, and where appropriate to agree, with the legal representatives of the workers in the form to be determined in the labour law.

2. In the case of undertakings of more than two hundred and fifty workers, the equality measures referred to in the preceding paragraph shall be directed to the drawing up and implementation of an equality plan, with the scope and content laid down in that plan. Chapter, which shall also be the subject of negotiation in the form specified in the labour law.

3. Without prejudice to the provisions of the previous paragraph, undertakings shall draw up and implement an equality plan where it is established in the collective agreement that is applicable, as provided for in the collective agreement.

4. Undertakings shall also draw up and implement an equality plan, subject to negotiation or consultation, where appropriate, with the legal representation of workers, where the labour authority has agreed in a sanctioning procedure, replacement of ancillary penalties for the preparation and implementation of such a plan, in the terms set out in the said agreement.

5. The development and implementation of equality plans will be voluntary for other companies, after consultation with the legal representation of workers.

Article 46. Concept and content of the business equality plans.

1. The plans for equality of enterprises are an ordered set of measures, adopted after a diagnosis of the situation, aimed at achieving equality of treatment and opportunities between women and men in the enterprise and eliminating the discrimination on grounds of sex.

The equality plans will set the concrete objectives of equality to be achieved, the strategies and practices to be adopted for their achievement, as well as the establishment of effective systems for monitoring and evaluating the objectives. fixed.

2. In order to achieve the objectives set, the equality plans may include, inter alia, matters of access to employment, professional classification, promotion and training, remuneration, the organisation of working time in favour of, terms of equality between women and men, reconciliation of work, staff and family, and prevention of sexual harassment and harassment on grounds of sex.

3. The equality plans shall include the whole of a company, without prejudice to the establishment of appropriate special actions in respect of certain workplaces.

Article 47. Transparency in the implementation of the equality plan.

The legal representation of workers and workers, or, failing that, of the workers themselves, is guaranteed access to information on the content of the equality plans and the achievement of their objectives.

The provisions of the preceding paragraph shall be without prejudice to the monitoring of the progress of the agreements on equality plans by the joint committees of the collective agreements to which they attribute such agreements. competencies.

Article 48. Specific measures to prevent sexual harassment and harassment by reason of sex at work.

1. Companies must promote working conditions that prevent sexual harassment and harassment on the basis of sex and to arbitrate specific procedures for their prevention and to give caution to complaints or complaints that may be made by those who have been object of the same.

To this end, measures can be established to be negotiated with workers ' representatives, such as the elaboration and dissemination of codes of good practice, the conduct of information campaigns or actions training.

2. Workers ' representatives must contribute to the prevention of sexual harassment and harassment on the basis of sex at work by raising awareness among workers and workers in front of them and information to the management of the company. the behaviors or behaviors that they knew and could lead to.

Article 49. Support for the voluntary implementation of equality plans.

To encourage the voluntary adoption of equality plans, the Government will establish incentive measures, especially for small and medium-sized enterprises, which will include the necessary technical support.

CHAPTER IV

Business Flag on Equality

Article 50. Distinctive for enterprises in the field of equality.

1. The Ministry of Labour and Social Affairs will create a badge to recognise those companies that stand out for the implementation of equal treatment and opportunity policies with their workers, which can be used in the commercial traffic of the company and for advertising purposes.

2. In order to obtain this flag, any undertaking, either public or private, may submit to the Ministry of Labour and Social Affairs a balance sheet on the parameters of equality established in relation to the working relationship and the advertising of the products and services provided.

3. The name of this flag, the procedure and the conditions for granting it, the powers deriving from its obtaining and the conditions for the institutional dissemination of the companies which obtain it and the equality policies applied by them.

4. For the granting of this flag, account shall be taken, inter alia, of the balanced presence of women and men in the management bodies and in the various occupational groups and categories of the undertaking, the adoption of equality or other innovative measures to promote equality, as well as the non-sexist advertising of the company's products or services.

5. The Ministry of Labour and Social Affairs will ensure that companies that obtain the flag permanently maintain the implementation of equal treatment and opportunity policies with their workers and, in the event of They will not be flagged.

TITLE V

The principle of equality in public employment

CHAPTER I

Public Administrations Criteria for Action

Article 51. Criteria for action by public administrations.

Public administrations, in the field of their respective competences and in application of the principle of equality between women and men, should:

(a) Remove obstacles entailing the survival of any kind of discrimination in order to provide conditions of effective equality between women and men in access to public employment and career development professional.

b) Facilitate the reconciliation of personal, family and work life, without prejudice to professional promotion.

c) Foster equality training, both in access to public employment and throughout the career.

d) Promote the balanced presence of women and men in the selection and assessment bodies.

e) Establish effective protection measures against sexual harassment and harassment on grounds of sex.

f) Establish effective measures to eliminate any direct or indirect remuneration discrimination on the basis of sex.

g) Evaluate the effectiveness of the principle of equality in their respective policy areas on a regular basis.

CHAPTER II

The principle of a balanced presence in the General Administration of the State and in the public bodies linked to or dependent on it

Article 52. Heads of management bodies.

The Government shall address the principle of the balanced presence of women and men in the appointment of persons who are the heads of the executive bodies of the General Administration of the State and of the associated public bodies, or dependent on it, considered as a whole, the designation of which corresponds to it.

Article 53. Selection bodies and valuation commissions.

All the courts and bodies of the staff of the General Administration of the State and of the public bodies linked to or dependent on it shall respond to the principle of the balanced presence of women and men, except for substantiated and objective reasons, duly substantiated.

Likewise, the representation of the General Administration of the State and of the public bodies linked to or dependent on it in the merit valuation commissions for the provision of jobs will be adjusted to the principle of balanced composition of both sexes.

Article 54. Designation of representatives of the General Administration of the State.

The General Administration of the State and its related or dependent public bodies shall appoint their representatives in collegiate bodies, committees of experts or advisory committees, national or international, in accordance with the principle of the balanced presence of women and men, except for justified and objective reasons, duly substantiated.

Likewise, the General Administration of the State and its related or dependent public bodies shall observe the principle of a balanced presence in the appointments to which it is responsible for the administration of companies in whose capital they participate.

CHAPTER III

Equal Employment Measures for the General Administration of the State and for Public Bodies Linked to or Dependent on it

Article 55. Gender impact report on evidence of access to public employment.

The approval of selective calls for access to public employment should be accompanied by a gender impact report, except in cases of urgency and without prejudice to the prohibition of discrimination. Reason for sex.

Article 56. Leave and benefits of maternity protection and the reconciliation of personal, family and work life.

Without prejudice to improvements which may result from agreements entered into between the General Administration of the State or public bodies linked to or dependent on it with the representatives of the staff at the service of the Public administration, the rules applicable to them will establish a regime of surplus, reduction of working hours, permits or other benefits in order to protect the maternity and facilitate the reconciliation of personal, family and work life. For the same purpose, a paternity leave shall be recognised in the terms provided for in that legislation.

Article 57. Reconciliation and provision of jobs.

At the basis of the competitions for the provision of jobs, it will be computed, for the purposes of assessment of the work carried out and of the corresponding merits, the time that the candidates have remained in the situations referred to in the previous article.

Article 58. License for risk during pregnancy and breast-feeding.

Where the working conditions of an official falling within the scope of administrative mutualism may have a negative impact on the health of the woman, the child and the child, a licence may be granted for risk during pregnancy on the same terms and conditions as provided for in the applicable legislation. In such cases, the full extent of the official's economic rights will be ensured throughout the duration of the license, in accordance with the provisions of the specific legislation.

The provisions of the preceding paragraph shall also apply during the period of natural lactation.

Article 59. Holidays.

Without prejudice to improvements which may result from agreements entered into between the General Administration of the State or public bodies linked to or dependent on it with the representation of employees and employees service of public administration, where the holiday period coincides with a temporary incapacity arising from pregnancy, childbirth or natural breastfeeding, or with maternity leave, or with its extension by breast-feeding, the public employee will have the right to enjoy the holidays on a different date, even if the calendar year is over correspond.

They will enjoy this same right who are enjoying paternity leave.

Article 60. Positive actions in training activities.

1. In order to update the knowledge of employees and public employees, preference will be given, for one year, in the allocation of places to participate in the training courses to those who have joined the active service. from maternity or paternity leave, or have re-entered from the situation of leave for reasons of legal guardian and care for dependent elderly persons or persons with disabilities.

2. In order to facilitate the professional promotion of public employees and their access to managerial positions in the General Administration of the State and in the public bodies linked to or dependent on them, in the calls of training courses shall be reserved for at least 40% of the places for which they are awarded to those who meet the requirements laid down.

Article 61. Training for equality.

1. All evidence of access to public employment of the General Administration of the State and of the associated or dependent public bodies shall provide for the study and application of the principle of equality between women and men in the various Member States. areas of the public function.

2. The General Administration of the State and the associated or dependent public bodies shall provide training courses on equal treatment and opportunities between women and men and on the prevention of gender-based violence. They will direct all their staff.

Article 62. Protocol for action against sexual harassment and harassment on grounds of sex.

For the prevention of sexual harassment and harassment on grounds of sex, public administrations will negotiate with the legal representation of workers and workers, an action protocol that will include at least the following principles:

(a) The commitment of the General Administration of the State and its related or dependent public bodies to prevent and not tolerate sexual harassment and harassment on grounds of sex.

b) Instruction to all personnel of their duty to respect the dignity of persons and their right to privacy, as well as equal treatment between women and men.

(c) The reserved treatment of allegations of facts that may constitute sexual harassment or harassment on the basis of sex, without prejudice to the provisions of disciplinary rules.

d) The identification of persons responsible for addressing those who make a complaint or complaint.

Article 63. Assessment of equality in public employment.

All Ministries and Public Bodies will send, at least annually, to the Ministries of Labour and Social Affairs and Public Administrations, information on the effective implementation in each of the (a) the principle of equality between women and men, with a specification, by means of the breakdown by sex of the data, of the distribution of its staff, the qualification group, the level of the destination supplement and the average remuneration of its staff; personnel.

Article 64. Equality plan in the General Administration of the State and in the public bodies linked to or dependent on it.

The Government will approve, at the beginning of each legislature, a Plan for Equality between women and men in the General Administration of the State and in the public agencies linked to or dependent on it. The Plan will set out the objectives to be achieved in the field of promoting equal treatment and opportunities in public employment, as well as the strategies or measures to be adopted for their achievement. The Plan will be the subject of negotiation, and in its case agreement, with the legal representation of the public employees in the form that is determined in the legislation on collective bargaining in the Public Administration and its compliance will be evaluated annually by the Council of Ministers.

CHAPTER IV

Armed Forces

Article 65. Respect for the principle of equality.

The rules on personnel of the Armed Forces will ensure the effectiveness of the principle of equality between women and men, especially as regards the access regime, training, promotions, destinations and situations administrative.

Article 66. Application of the rules concerning the staff of public administrations.

The rules concerning staff at the service of public administrations in the field of equality, the prevention of gender-based violence and the reconciliation of personal, family and professional life will apply in the United States. Armed, with the necessary adaptations and in the terms set out in their specific regulations.

CHAPTER V

State Security Forces and Corps

Article 67. Respect for the principle of equality.

The rules of the State Security Forces and Corps will promote effective equality between women and men, preventing any situation of professional discrimination, especially in the access system, training, promotions, destinations and administrative situations.

Article 68. Application of the rules concerning the staff of public administrations.

The rules concerning staff at the service of public administrations in the field of equality, the prevention of gender-based violence and the reconciliation of personal, family and professional life will apply in the Forces and State Security Bodies, adapting, where appropriate, to the peculiarities of the tasks entrusted to them, in the terms established by their specific regulations.

TITLE VI

Equal treatment in access to and supply of goods and services

Article 69. Equal treatment in access to goods and services.

1. All natural or legal persons who, in the public or private sector, supply goods or services available to the public, offered outside the scope of private and family life, shall be obliged, in their activities and in the (a) to ensure compliance with the principle of equal treatment between women and men by avoiding discrimination, whether direct or indirect, by reason of sex.

2. The above paragraph does not affect the freedom of recruitment, including the freedom of the person to choose the other contracting party, provided that such choice is not determined by his or her sex.

3. By way of derogation from the above paragraphs, differences of treatment in access to goods and services where justified by a legitimate purpose and the means to achieve it shall be admissible and necessary.

Article 70. Protection in pregnancy situation.

In access to goods and services, no Contracting Party may inquire into the pregnancy situation of a woman who is a plaintiff of the same, except for reasons of protection of her health.

Article 71. Actuarial factors.

1. It is prohibited to conclude insurance or related financial services contracts where, when considering sex as a factor for the calculation of premiums and benefits, differences in the premiums and benefits of insured persons are generated.

However, regulations may, however, set out the cases in which it is permissible to determine proportionate differences in the premiums and benefits of persons considered individually, where sex is a the determining factor of the risk assessment from relevant and reliable actuarial and statistical data.

2. Costs related to pregnancy and childbirth shall not justify differences in the premiums and benefits of the persons considered individually, without any differences in respect.

Article 72. Consequences of non-compliance with prohibitions.

1. Without prejudice to other actions and rights referred to in civil and commercial law, the person who, within the scope of Article 69, is in a discriminatory conduct, shall be entitled to compensation for damages suffered.

2. In the field of insurance contracts or related financial services, and without prejudice to Article 10 of this Law, failure to comply with the prohibition laid down in Article 71 shall give the injured party the right to Claim the assimilation of their premiums and benefits to those of the most beneficial sex, remaining in the remaining extremes the validity and effectiveness of the contract.

TITLE VII

Equality in corporate social responsibility

Article 73. Actions for the social responsibility of enterprises in the field of equality.

Companies will be able to take on the voluntary realization of social responsibility actions, consisting of economic, commercial, labor, assistance or other measures, aimed at promoting conditions of equality. between women and men within the enterprise or in its social environment.

The implementation of these actions will be able to be concerted with the representation of workers, consumer and consumer organizations and users, associations whose primary purpose is the (a) the protection of equal treatment between women and men and the bodies of equality.

Workers ' representatives will be informed of the actions that are not being designed with them.

Business decisions and collective agreements relating to labour measures will apply to labour standards.

Article 74. Publicity for actions of social responsibility in the field of equality.

Companies will be able to advertise their actions for equality of responsibility, in accordance with the conditions laid down in the general advertising legislation.

The Women's Institute, or equivalent bodies of the Autonomous Communities, will be entitled to exercise the cessation action when they consider that they may have been engaged in alleged misleading advertising.

Article 75. Participation of women in the Boards of Directors of commercial companies.

Companies required to present a non-abbreviated profit and loss account shall endeavour to include a number of women in the Board of Directors in order to achieve a balanced presence of women and men within a period of time. eight years from the entry into force of this Law.

The provisions of the preceding paragraph shall be taken into account for the appointments to be made as the term of office of the appointed directors expires before the entry into force of this Law.

TITLE VIII

Organizational provisions

Article 76. Inter-Ministerial Commission for Equality between Women and Men.

The Inter-Ministerial Commission on Equality between Women and Men is the collegiate body responsible for coordinating the policies and measures adopted by the ministerial departments in order to guarantee the right to equality between women and men and promoting their effectiveness.

Its composition and functioning will be determined regulatively.

Article 77. The Equality Units.

In all Ministries, one of its executive bodies shall be entrusted with the development of the functions related to the principle of equality between women and men in the field of their competence and, in particular, the following:

(a) To collect statistical information prepared by the Ministry's bodies and to advise them on their preparation.

b) Develop studies in order to promote equality between women and men in the areas of activity of the Department.

c) Advise the competent bodies of the Department in drawing up the report on gender impact.

d) To foster knowledge by the Department's staff of the scope and meaning of the principle of equality by formulating proposals for training actions.

e) To be in compliance with this Law and the effective implementation of the principle of equality.

Article 78. Women's Participation Council.

1. The Council for the Participation of Women is hereby established as a collegiate body for consultation and advice, in order to serve as a means of ensuring that women are involved in the effective achievement of the principle of equal treatment and equal treatment. opportunities for women and men, and the fight against discrimination based on sex.

2. The system of operation, competence and composition shall be established, and in any event the participation of all public administrations and associations and organisations of women in the field shall be ensured. state.

Additional disposition first. Presence or balanced composition.

For the purposes of this Law, a balanced composition shall mean the presence of women and men in such a way that, as a whole, the persons of each sex do not exceed sixty per cent or less than 40%. percent.

Additional provision second. Amendment of the Organic Law of General Electoral Regime.

The Organic Law 5/1985 of 19 June of the General Electoral Regime is amended in the following terms:

One. A new Article 44a is added, worded as follows:

" Article 44a.

1. The candidates for the elections of deputies to the Congress, municipal councils and members of the island councils and the Canary Island Councils in the terms provided for in this Law, Members of the European Parliament and members of the The Legislative Assemblies of the Autonomous Communities must have a balanced composition of women and men, so that in the list as a whole the candidates of each of the sexes assume at least forty percent. When the number of posts to be filled is less than five, the proportion of women and men will be as close as possible to the numerical balance.

In the elections of members of the Legislative Assemblies of the Autonomous Communities, the regulatory laws of their respective electoral regimes will be able to establish measures that favor a greater presence of women in the nominations to be submitted to the Elections of the aforementioned Legislative Assemblies.

2. The minimum ratio of forty per cent in each tranche of five posts will also be maintained. Where the last tranche of the list does not reach the five posts, the proportion of women and men in that tranche shall be as close as possible to the numerical balance, although the proportion payable in respect of the list set.

3. The alternate lists shall apply the rules contained in the preceding paragraphs.

4. When applications for the Senate are grouped in lists, in accordance with Article 171 of this Law, such lists must also have a balanced composition of women and men, so that the proportion of women and men is as close as possible to the numerical balance. "

Two. A new paragraph is added to Article 187 (2), which reads as follows:

"The provisions of Article 44a of this Law shall not be enforceable in applications filed in municipalities with a resident number equal to or less than 3,000 inhabitants."

Three. A new paragraph is added to Article 201 (3), which reads as follows:

"The provisions of Article 44a of this Law shall not be required for applications to be submitted on the islands with a resident number equal to or less than 5,000 inhabitants."

Four. Paragraph 2 of the first provision is amended, which is worded as follows:

" 2. In application of the powers that the Constitution reserves to the State also apply to the elections to Legislative Assemblies of Autonomous Communities called by these, the following articles of the first title of this Organic Law:

1 to 42; 44; 44 bis; 45; 46.1, 2, 4, 5, 6 and 8; 47.4; 49; 51.2 and 3; 52; 53; 54; 58; 59; 60; 61; 62; 63; 65; 66; 68; 69; 70.1 and 3; 72; 73; 74; 75; 85; 86.1; 90; 91; 92; 93; 94; 95.3; 96; 103.2; 108.2 and 8; 109 to 119; 125 to 130; 131.2; 132; 135 to 152. "

Five. A new transitional provision is added, seventh, in the following terms:

" In the calls for municipal elections to be held before 2011, the provisions of Article 44a shall be enforceable only in the municipalities with a resident number exceeding 5,000 inhabitants, applying from 1 January of that year the number of inhabitants provided for in the second subparagraph of Article 187 (2) of this Law. "

Additional provision third. Amendments to the Organic Law of the Judiciary.

The Organic Law 6/1985, of July 1, of the Judiciary is amended, in the following terms:

One. A last indent is added to Article 109 (1), which is in the following terms:

" 1. The General Council of the Judiciary will annually raise a Memory on the state, functioning and activities of the Council and the Courts and Courts of Justice. It will also include the needs that, in its opinion, exist in personnel, facilities and resources, in general, for the correct performance of the functions that the Constitution and the laws assign to the Judiciary. It will also include a chapter on gender impact in the judicial field. "

Two. A new paragraph is added, interspersed between the first and the second subparagraph, to Article 110 (3), with the following wording:

"In any case, a previous gender impact report will be produced."

Three. In Article 122.1, the words 'Equality Commission' shall be inserted after the 'Qualification Commission'.

Four. An article 136a is added which will integrate the new Section 7, Chapter IV, Title II, Book II, initialled as "From the Equality Commission", with the following wording:

" Article 136a.

1. The Plenary Session of the General Council of the Judiciary shall elect each year, from among its Vocals, by a majority of three fifths and on the basis of the principle of a balanced presence among women and men, to the components of the Equality Commission, which shall be integrated by five members.

2. The Equality Commission shall act with the assistance of all its constituents and under the chairmanship of the member of the same party elected by a majority. In the event of a temporary impossibility or a justified absence of any of the members, a replacement shall be made by another Council Vocal, preferably of the same sex, to be appointed by the Standing Committee.

3. It shall be for the Equality Committee to advise the Plenary on the necessary or appropriate measures to actively integrate the principle of equality between women and men in the exercise of the powers of the General Council of the Judiciary and, In particular, it will be up to him to draw up the previous reports on gender impact of the regulations and to improve the parameters of equality in the Judicial Race. "

Five. Article 310 is amended as follows:

" All the selective evidence for income and promotion in the Judicial and Fiscal Careers will contemplate the study of the principle of equality between women and men, including measures against gender-based violence, and their application of a cross-cutting nature in the field of judicial function. '

Six. The first subparagraph of Article 356 (e) is amended, which is read as follows:

" (e) shall also be entitled to a period of leave of absence, lasting no more than three years, to care for the care of a relative who is in charge, up to the second degree including consanguinity or affinity which, by reasons of age, accident or illness, cannot be used by yourself and do not carry out paid activity. "

Seven. A new point (e) is added to Article 348, in the following terms:

"e) Exceding for reason of violence over women."

Eight. Article 357 is amended, as follows:

" Article 357.

When a magistrate of the Supreme Court requests the voluntary leave of absence and is granted, he shall lose his status as such, except in the case provided for in points (d) and (e) of the previous article and in Article 3636a. In other cases it shall be integrated in a situation of voluntary leave, within the category of Magistrate. "

Nine. Article 358.2 is amended as follows:

" 2. Except as provided for in the preceding paragraph, the voluntary leave of absence for child care and care for a family member referred to in Article 356 (d) and (e), in respect of which the period of stay in the child's care situations shall be computable for the purposes of trienes and passive rights. During the first two years, the reserve of the square in which its functions and the computation of the antiquity are exercised shall be entitled. After this period, this reserve will be a position in the same province and of the same category, and must apply, in the month before the end of the maximum period of stay in the same province, the return to the active service; to do so, shall be declared ex officio in the situation of voluntary leave of interest. "

Ten. A new Article 3636a is added with the following wording:

" Article 360 bis.

1. Judges and judges who are victims of gender-based violence shall be entitled to apply for the status of excess for the purpose of violence against women without having to provide for a minimum period of prior services. In this administrative situation, a maximum period of three years may be allowed.

2. During the first six months, they shall be entitled to the reserve of the job they shall carry out, with that period being computable for the purposes of promotions, trienes and passive duties.

This, however, when it results from the actions of judicial protection that the effectiveness of the right of protection of the victim is required, may be extended for periods of three months, with a maximum of eighteen months, which, in accordance with the preceding paragraph, shall be entitled to the reserve of the job, with the same effects as those referred to in that paragraph.

3. Judges and judges who are in a position of leave for reasons of violence against women shall receive, during the first two months of their leave of absence, full remuneration and, where appropriate, family benefits for the child in charge.

4. Reentry into the active service of judges and judges in an administrative situation of leave of absence for reasons of violence against women of a duration of not more than six months shall take place in the same court in respect of which she has reservation of the job they will perform before; if the period of duration of the excess is greater than 6 months the re-entry will require the judges and judges to participate in all the competitions that are announced to cover places of their category to obtain destination. If they do not do so, they shall be declared on a voluntary basis of interest. "

Once. Article 370 is deleted.

Twelve. Article 373 (5) is amended as follows:

" 5. By the death, accident or serious illness of the spouse, of a person to whom he is bound by a similar relationship of affectivity or a relative within the first degree of consanguinity or affinity, the judges or magistrates may have a Three working days ' leave, which may be up to five working days where a move to another location is necessary, in which case it shall be five working days.

These permits will be reduced to two and four working days, respectively, when the death and other circumstances identified affect family members in the second degree of affinity or consanguinity. "

Thirteen. A new paragraph 6 is added to Article 373, with the following wording:

" 6. By the birth, acceptance or adoption of a child, the judge or magistrate shall have the right to have a paternity leave of 15 days, from the date of birth, of the administrative or judicial decision of the host or of the a judicial decision making the adoption. "

Fourteen. A new paragraph 7 is added to Article 373, with the following wording:

" 7. Judges and magistrates will be entitled to permits and licenses for the reconciliation of personal, family and work life, and for reasons of gender-based violence. The General Council of the Judiciary, by means of a regulation, will adapt to the particularities of the judicial career the regulations of the General Administration of the State in force in this field. "

Fifteen. A paragraph 5 is added to Article 433 a, with the following wording:

" 5. The Continuing Training Plan of the Judicial Career will provide for the formation of Judges and Magistrates in the principle of equality between women and men and the gender perspective.

The Judicial School will provide training courses annually on the jurisdictional protection of the principle of equality between women and men and gender-based violence. "

Sixteen. A second subparagraph is added to Article 434 (2), with the following wording:

" The Center for Legal Studies will provide training courses annually on the principle of equality between women and men and their application on a transversal basis by the members of the Fiscal Career, the Body of Secretaries and other staff at the service of the Administration of Justice, as well as the detection and treatment of situations of gender-based violence. "

Additional provision fourth. Amendment of the Organic Statute of the Fiscal Ministry.

Law 50/1981 is amended, of 30 December, for which the Organic Statute of the Fiscal Ministry is approved in the following terms:

A last paragraph is added to Article 14 (1), which shall be worded as follows:

" There will be an Equality Commission for the study of the improvement of the parameters of equality in the Fiscal Race, whose composition will be determined in the regulations governing the constitution. and the functioning of the Fiscal Board. "

Additional provision fifth. Amendments to the Civil Procedure Act.

One. A new Article 11a is introduced into Law 1/2000 of 7 January of Civil Procedure, in the following terms:

" Article 11a. Legitimization for the defense of the right to equal treatment between women and men.

1. In order to defend the right of equal treatment between women and men, in addition to those affected and always with their authorization, the trade unions and legally constituted associations whose primary purpose is the defence of equality of treatment between women and men, with respect to their members and associates, respectively.

2. Where the persons concerned are a plurality of persons who are indeterminate or are difficult to determine, the legitimisation for the defence of these diffuse interests will be the sole responsibility of the public bodies with jurisdiction in the (a) the most representative trade unions and associations at the State level whose primary purpose is equality between women and men, without prejudice, if the parties concerned are determined, of their own procedural legitimisation.

3. The person who is harassed will be the only person entitled to litigation on sexual harassment and harassment on grounds of sex. "

Two. Article 188 (1) of Law 1/2000, of 7 January, of Civil Procedure, shall be amended to read as follows:

" 5. By death, sickness or absolute or low maternity or paternity leave of the lawyer of the party asking for the suspension, justified sufficiently, in the judgment of the Court, provided that such facts had been produced when it was no longer possible to request further information in accordance with the provisions of Article 183, provided that the right to effective judicial protection is guaranteed and that no defensiveness is caused.

Similarly, they will be comparable to the previous assumptions and with the same requirements, other similar situations provided for in other social security systems and for the same time as the reduction and the provision of the permits provided for in the Social Security legislation. "

Three. A new paragraph 5 is added to Article 217 of Law 1/2000 of 7 January of Civil Procedure, passing its current paragraphs 5 and 6 to be Nos 6 and 7, respectively, with the following wording:

" 5. In accordance with the procedural laws, in those proceedings where the claims of the acting party are based on discriminatory action on grounds of sex, the defendant shall be responsible for proving the absence of discrimination in respect of sex. measures taken and their proportionality.

For the purposes of the preceding paragraph, the court, at the request of a party, may, if it considers it useful and relevant, obtain a report or opinion from the competent public bodies. "

Additional provision sixth. Amendments to the Regulatory Law of Administrative Contentious Jurisdiction.

Law 29/1998, of July 13, is amended, regulatory of the Jurisdiction-Administrative Jurisdiction in the following terms:

One. Article 19 (1) (i) is added with the following wording:

(i) In order to defend the right of equal treatment between women and men, in addition to those affected and always with their authorization, the trade unions and legally constituted associations shall also be legitimated. the defence of equal treatment between women and men, with respect to their members and associates, respectively.

When those affected are a plurality of people who are undetermined or difficult to determine, the legitimization to demand the defense of these diffuse interests will be exclusively for the public bodies with (a) competition in the field, the most representative trade unions and associations at the State level whose primary purpose is equality between women and men, without prejudice, if the parties concerned are determined, of their own legitimacy procedural.

The person who is harassed will be the only person entitled to litigation on sexual harassment and harassment on grounds of sex. "

Two. A new paragraph 7 is added to Article 60, with the following wording:

" 7. In accordance with the procedural laws, in those proceedings where the claims of the acting party are based on discriminatory action on grounds of sex, the defendant shall be responsible for proving the absence of discrimination in respect of sex. measures taken and their proportionality.

For the purposes of the preceding paragraph, the court, at the request of a party, may, if it considers it useful and relevant, obtain a report or opinion from the competent public bodies. "

Additional provision seventh. Amendments to the Law transposing Directive 89 /552/EEC into Spanish law.

A new point (e) is added to Article 16 (1) of Law 25/1994 of 12 July, which incorporates into the Spanish legal order the Directi-va 89 /552/EEC, on the coordination of legal provisions, regulations and administrative provisions of the Member States relating to the exercise of television broadcasting, in the following terms:

"e) Advertising or tele-sale aimed at minors must convey an equal, plural and non-stereotypical image of women and men."

Additional disposition octave. Amendments to the General Health Law.

One. A new paragraph 4 is added to Article 3 of Law 14/1986 of 25 April, General Health, which is worded as follows:

" 4. Health policies, strategies and programmes shall integrate actively in their objectives and actions the principle of equality between women and men, preventing, due to their physical differences or the associated social stereotypes, discrimination between them in health objectives and actions. "

Two. A new paragraph 2 is added to Article 6 of Law 14/1986 of 25 April, General of Health, passing its current content to paragraph 1, in the following terms:

" 2. In the implementation of the provisions of the previous paragraph, public health administrations shall ensure the integration of the principle of equality between women and men, ensuring their equal right to health. "

Three. Article 18 (1), (4), (9), (14) and (15) of Law 14/1986 of 25 April 1986, General Health, and a new paragraph 17, which are amended as follows:

" 1. Systematic adoption of actions for health education as a primary element for the improvement of individual and community health, including differentiated education on the risks, characteristics and needs of women and men, and the training against discrimination against women. "

" 4. The provision of precise therapeutic products, taking into account the differentiated needs of women and men. "

" 9. The protection, promotion and improvement of occupational health, with particular attention to sexual harassment and harassment on grounds of sex. "

" 14. The improvement and adequacy of the training needs of personnel in the service of the health organization, including training actions aimed at ensuring their capacity to detect, prevent and treat gender-based violence. "

" 15. The promotion of scientific research in the specific field of health problems, taking into account the differences between women and men. "

" 17. The processing of data contained in records, surveys, statistics or other medical information systems to enable gender analysis, including, whenever possible, disaggregation by sex. "

Four. New wording is given to the initial indent of Article 21 (1) of Law 14/1986 of 25 April, General of Health, which is worded as follows:

" 1. Health action in the field of occupational health, which will in any case integrate the gender perspective, will cover the following aspects. "

Additional provision ninth. Amendments to the Law on Cohesion and Quality of the National Health System.

One. Article 2 (a) of Law 16/2003, of 28 May, of Cohesion and Quality of the National Health System, is amended as follows:

"(a) The provision of services to users of the National Health System under conditions of effective equality and quality, avoiding especially any discrimination between women and men in health actions."

Two. Article 11 (2) (g) is amended, which is worded as follows:

"g) The promotion and protection of occupational health, with particular regard to the specific risks and needs of female workers."

Three. Article 12 (2) (f) is amended, which is worded as follows:

" f) Specific care and services related to women, which specifically include the detection and treatment of situations of gender-based violence; childhood; adolescence; adults; the elderly; risk groups and the chronically ill. "

Four. A new paragraph (e) is included in Article 34, with the following wording:

"e) The inclusion of the gender perspective in training actions."

Five. A new paragraph (f) is included in Article 44, with the following wording:

"f) Promote that health research addresses the specificities of women and men."

Six. Article 53 (2) and (3) are amended, which are worded as follows:

" 2. The health information system shall contain information on the benefits and the portfolio of services in public and private health care and shall incorporate, as basic data, those relating to the protected population, human and material resources, developed activity, pharmacy and health products, funding and results obtained, as well as the expectations and opinions of the citizens, all from a comprehensive health care approach, disaggregating by sex all the data susceptible to this. "

" 3. In order to achieve the maximum reliability of the information produced, the Ministry of Health and Consumer Affairs, after agreement of the Interterritorial Council of the National Health System, will establish the definition and standardization of data and flows, the selection of indicators and the technical requirements necessary for the integration of information and for its analysis from the perspective of the principle of equality between women and men. "

Seven. The following sentence is added at the end of Article

:

"This report will contain specific health analyses of women and men."

Additional provision 10th. Fund in the field of Information Society.

For the purposes set out in Article 28 of this Law, a special fund shall be set up to be provided with EUR 3 million in each of the financial years 2007, 2008 and 2009.

Additional provision tenth first. Amendments to the recast text of the Workers ' Statute Act.

The recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, is amended as follows:

One. Article 4 (2) (e) is amended, which shall be worded as follows:

" (e) Respect for their privacy and consideration due to their dignity, including protection against harassment on grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation, and sexual harassment and harassment on grounds of sex. "

Two. The second subparagraph of paragraph 1 is amended and two new paragraphs 4 and 5 are added to Article 17, in the following terms

" The orders to discriminate and the decisions of the employer which result in an unfavourable treatment of workers as a reaction to a complaint made in the undertaking or to an administrative action or an administrative action shall also be null and void. (a) a judicial decision to require compliance with the principle of equal treatment and non-discrimination. "

" 4. Without prejudice to the provisions of the above paragraphs, collective bargaining may provide for positive action measures to promote women's access to all professions. To this end, it may establish reservations and preferences under the conditions of employment so that, on equal terms, the persons of the least-represented sex in the group or category are to be hired. professional in question.

In addition, collective bargaining will be able to establish such measures under the conditions of professional classification, promotion and training, so that, on an equal basis, people of the less represented sex to favour their access to the group, professional category or job in question. '

" 5. The establishment of equality plans in companies will be in accordance with the provisions of this law and the Organic Law for the effective equality of women and men. "

Three. A paragraph 8 is inserted in Article 34, with the following wording:

" 8. The worker shall have the right to adapt the duration and distribution of the working day in order to make his right to the reconciliation of personal, family and work life effective on the terms established in collective bargaining or in the the agreement to be reached with the employer while respecting, where appropriate, what is provided for in that case. "

Four. Article 37 (3) (b) is amended as follows:

" (b) Two days for the birth of a child and for the death, serious accident or illness, hospitalization or surgical intervention without hospitalization requiring home rest, from relatives to the second degree of consanguinity or affinity. When the worker needs to make a shift to that effect, the time limit will be four days. "

Five. Article 37 (4) and the first subparagraph of Article 37 (5) shall be amended as follows:

" 4. Workers, who are breastfeeding for a child under nine months, will be entitled to an hour of absence from work, which may be divided into two fractions. The duration of the permit will be increased proportionally in multiple birth cases.

The woman, by her will, may substitute this right for a reduction of her working day in half an hour for the same purpose or to accumulate in full days in the terms foreseen in the collective bargaining or in the agreement to (a) to arrive with the employer while respecting, where appropriate, what is established in that case.

This permit may be enjoyed interchangeably by the parent or parent in case both work. "

" 5. Those who, for reasons of legal guardian, have at least eight years of direct care or a person with a physical, mental or sensory disability, who does not carry out a paid activity, shall be entitled to a reduction in the working day, with the proportional reduction of the salary between at least one eighth and a maximum of half the duration of the salary. "

Six. A second subparagraph is added to Article 38 (3), in the following terms

" When the holiday period laid down in the holiday calendar of the undertaking referred to in the preceding paragraph coincides in time with a temporary incapacity arising from pregnancy, childbirth or natural lactation or with the period of suspension of the contract of employment provided for in Article 48.4 of this Law, it shall be entitled to enjoy the holidays on a date other than that of the temporary incapacity or the enjoyment of the permit which, by application of that precept was due, at the end of the period of suspension, even if the calendar year ended correspond. "

Seven. Paragraph 1 (d) of Article 45 (1) is amended and shall be worded as follows:

" (d) Maternity, parenthood, risk during pregnancy, risk during natural lactation of a child of less than nine months and adoption or acceptance, both pre-adopted and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities which regulate it, provided that its duration is not less than one year, even if these are provisional, of less than six years of age or of minors who are over six years of age in the case of minors disabled, or because of their personal circumstances and experiences or from abroad, they have special social and family integration difficulties duly accredited by the competent social services. "

Eight. Article 46 (2) is amended, which is worded as follows:

" 2. The worker with at least one year's age in the company has the right to be recognised as being on a voluntary basis for a period of not less than four months and no longer than five years. This right may only be exercised by the same worker again if four years have elapsed since the end of the previous leave. '

Nine. The first, second and third subparagraphs of Article 46 (3) are amended, which are worded as follows:

" Workers shall be entitled to a period of leave of absence of not more than three years in order to take care of the care of each child, whether by nature or by adoption or in the case of a child. permanent as a preadoptive, even if they are provisional, from the date of birth or, where appropriate, from the judicial or administrative decision.

They will also be entitled to a period of leave of absence, lasting no more than two years, unless a longer duration is established by collective bargaining, workers to care for the care of a relative until the second degree of consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself, and does not carry out paid activity.

The excess referred to in this paragraph, the period of which may be enjoyed in a split form, constitutes an individual right of workers, men or women. However, if two or more employees of the same undertaking generate this right by the same deceased person, the employer may limit his or her simultaneous exercise for justified reasons of operation of the undertaking. '

Ten. Article 48 (4) and (5) are amended, in the following terms:

" 4. In the course of delivery, the suspension will last for sixteen weeks uninterrupted, extended in the case of multiple birth in two weeks more for each child from the second. The period of suspension shall be distributed to the person concerned, provided that six weeks are immediately after delivery. In the event of the death of the mother, regardless of whether or not she is carrying out any work, the other parent may make use of the whole or, where appropriate, the remaining part of the suspension period, computed from the date of delivery, and without that the party which the mother had been able to enjoy before the birth was neglected. In the case of the child's death, the period of suspension shall not be reduced unless, after the end of the six-week compulsory rest period, the mother is required to return to her job.

However, and without prejudice to the six weeks immediately following the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the post-birth rest period either simultaneously or in succession with that of the mother. The other parent may continue to make use of the period of maternity leave initially transferred, although at the time provided for the return of the mother to work, the mother is in a situation of temporary incapacity.

In the event that the mother does not have the right to suspend her professional activity entitled to benefits in accordance with the rules governing that activity, the other parent shall have the right to suspend her employment contract. for the period which would have been for the mother, which shall be compatible with the exercise of the right recognised in the following Article.

In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension may be computed, at the mother's request, or in the absence thereof, from the other parent, from the date of discharge. It is excluded from that calculation the six weeks after the birth, the compulsory suspension of the mother's contract.

In cases of preterm birth with a lack of weight and those other in which the neonate requires, for some clinical condition, hospitalization after delivery, for a period of more than seven days, the period of suspension is will extend in as many days as the born is hospitalized, with a maximum of thirteen additional weeks, and in the terms in which it is regulated.

In the cases of adoption and acceptance, in accordance with Article 45.1 (d) of this Law, the suspension will last for sixteen weeks uninterrupted, extensible in the event of adoption or multiple acceptance in two weeks for each child from the second. Such suspension shall produce its effects, at the choice of the worker, either on the basis of the judgment in the court for which the adoption is constituted or on the basis of the administrative or judicial decision of a provisional or final acceptance, without No case of the same minor may be entitled to several periods of suspension.

In case both parents work, the suspension period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with periods uninterrupted and with the limits indicated.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or acceptance. multiple.

In the case of disability of the child or of the child adopted or received, the suspension of the contract referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

The periods referred to in this paragraph may be enjoyed on a full-time or part-time basis, subject to agreement between the employers and the workers concerned, on the terms which they regulate determine.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the period of suspension, provided for in each case in this paragraph, may be initiated. up to four weeks before the resolution for which the adoption is constituted.

The workers will benefit from any improvement in the working conditions to which they could have been entitled during the suspension of the contract in the cases referred to in this paragraph, as well as those provided for in the the following paragraph and in Article 48a. '

" 5. In the case of risk during pregnancy or risk during natural lactation, in the terms provided for in Article 26 of Law 31/1995 of 8 November of the Prevention of Occupational Risks, the suspension of the contract will end on the day the suspension of the contract for biological maternity or the infant is to be initiated nine months, respectively, or, in both cases, where the worker's inability to return to her previous post or another compatible with her or her status. "

Once. A new Article 48a is included, with the following wording:

" Article 48a. Suspension of the paternity work contract.

In the cases of child birth, adoption or acceptance in accordance with Article 45.1 (d) of this Law, the worker shall be entitled to the suspension of the contract for 13 uninterrupted days, extensible in the case of birth, adoption or multiple reception in two more days for each child from the second. This suspension is independent of the shared enjoyment of the maternity rest periods regulated in Article 48.4.

In the case of delivery, the suspension corresponds exclusively to the other parent. In the case of adoption or acceptance, this right shall be for one of the parents only, at the choice of the persons concerned; however, where the period of rest provided for in Article 48.4 is fully enjoyed by one of the parents, parents, the right to a paternity suspension may only be exercised by the other.

The worker exercising this right may do so during the period from the end of the child's birth permit, provided for in law or conventionally, or from the judicial decision making up the child's birth certificate. the adoption or from the administrative or judicial decision of a reception until the end of the suspension of the contract as referred to in Article 48.4 or immediately after the termination of that suspension.

The suspension of the contract referred to in this Article may be enjoyed on a full-time basis or on a part-time basis of a minimum of 50 per 100, subject to agreement between the employer and the worker, and determine regulentarily.

The worker must inform the employer, in good time, of the exercise of this right in the terms established, where appropriate, in the collective agreements. "

Twelve. Article 53 (4), which is worded as follows, is amended as follows:

" 4. Where the employer does not comply with the conditions laid down in paragraph 1 of this Article or the late decision of the employer, he has as mobile some of the causes of discrimination prohibited in the Constitution or in the Law or Produced by violation of fundamental rights and public freedoms of the worker, the decision will be void, and the judicial authority must make such a declaration of its own motion. The non-grant of the notice shall not cancel the extinction, but the employer, irrespective of the other effects which he has obtained, shall be obliged to pay the salaries for that period. The subsequent observance by the employer of the unfulfilled requirements shall in no case constitute a remedy for the primitive extinguishing act, but shall constitute a new extinction agreement with effect from its date.

The extinct decision will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in point (d) of Article 45 (1), or the notification at a date such that the period of notice granted is completed within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5), or are enjoying, or have applied for, or are enjoying the excess provided for in Article 46 (3); and that of female victims of gender-based violence for the exercise of the rights of reduction or rearrangement of their working time, of geographical mobility, of change of centre of work or suspension of the employment relationship in the terms and conditions recognized in this Law.

(c) Workers ' after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions set out in the preceding letters shall apply, except where, in such cases, the origin of the late decision is declared for reasons unrelated to pregnancy or for the exercise of the right to permits and Leave of absence. '

Thirteen. Article 54 (2) (g) shall be amended as follows:

"(g) Harassment on the grounds of racial or ethnic origin, religion or belief, disability, age or sexual orientation and sexual harassment or by reason of sex to the employer or to persons working in the company."

Fourteen. Article 55 (5) is amended as follows:

" It shall be void for dismissal to be made by mobile of any causes of discrimination prohibited in the Constitution or in the Law, or if it occurs with violation of fundamental rights and public freedoms of the worker.

The dismissal will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in point (d) of Article 45 (1), or the notification at a date such that the period of notice granted is completed within that period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5), or are enjoying, or have applied for, or are enjoying the excess provided for in Article 46 (3); and that of female victims of gender-based violence for the exercise of the rights of reduction or rearrangement of their working time, of geographical mobility, of change of centre of work or suspension of the employment relationship, in the terms and conditions recognized in this Law.

(c) Workers after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions of the preceding letters shall apply, except where, in such cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated. "

Fifteen. A new second subparagraph is added to Article 64 (1), second subparagraph, in the following terms:

" shall also be entitled to receive information, at least annually, on the application of the right of equal treatment and equal opportunities between women and men to the enterprise, including data on the the proportion of women and men at the various levels of work, as well as, where appropriate, of the measures which would have been taken to promote equality between women and men in the enterprise and, if an equality plan had been established, the application of the same. "

Sixteen. A new point (c) is added to Article 64 (1) (1) as well as a new number 13 in paragraph 1, in the following terms:

"c) To monitor the respect and implementation of the principle of equal treatment and opportunities between women and men."

" 13. Collaborate with the management of the company in the establishment and implementation of reconciliation measures. "

seventeen. A new paragraph is added to Article 85 (1), with the following wording:

" Without prejudice to the freedom of the parties to determine the content of collective agreements, in the negotiation of collective agreements, in any case, the duty to negotiate measures aimed at promoting equal treatment and equal treatment shall be negotiated. opportunities for women and men in the field of work or, where appropriate, equality plans with the scope and content provided for in Chapter III of Title IV of the Organic Law for the Effective Equality of Women and Men. "

Eighteen. A new paragraph is added to Article 85 (2), with the following wording:

" Likewise, without prejudice to the freedom of procurement that the parties are recognized, through collective bargaining, the duty to negotiate equality plans in companies of more than two hundred and fifty years will be articulated. workers as follows:

(a) In collective agreements at the business level, the duty to negotiate will be formalised in the framework of the negotiation of such conventions.

(b) In collective agreements of a higher level than the enterprise, the obligation to negotiate will be formalized through collective bargaining that takes place within the company in terms and conditions that would have been established in the (a) to complete such a duty to negotiate through the appropriate rules of complementarity. "

nineteen. A new paragraph 6 is added to Article 90, which is worded as follows:

" 6. Without prejudice to the above paragraph, the labour authority shall ensure that the principle of equality is respected in collective agreements which may contain discrimination, whether direct or indirect, by reason of sex.

For such purposes, it may seek the advice of the Institute of Women or of the Equality Bodies of the Autonomous Communities, as appropriate for its territorial scope. Where the labour authority has approached the competent jurisdiction to understand that the collective agreement may contain discriminatory clauses, it shall bring it to the attention of the Women's Institute or the Equality Bodies. Autonomous Communities, according to their territorial scope, without prejudice to the provisions of Article 95 (3) of the Law on Labour Procedure. "

Twenty. A new additional 17th provision is added, in the following terms:

" Additional 17th Disposition. Discrepancies in reconciliation matters.

Discrepancies that arise between employers and workers in relation to the exercise of the legal or conventionally recognized personal, family and work life reconciliation rights will be resolved by jurisdiction competent through the procedure laid down in Article 138a of the Labour Procedure Act. '

Twenty-one. A new 18th additional provision is added, in the following terms:

" Additional 18th Disposition. Calculation of compensation in certain cases of reduced working time.

1. In the case of reduction of working hours referred to in Article 37 (4a), (5) and (7), the salary to be taken into account for the purposes of calculating the allowances provided for in this Law shall be that which would have been paid to the worker without consider the reduction in working time, provided that the maximum period legally laid down for such reduction has not elapsed.

2. Similarly, the provisions of the preceding paragraph shall apply in the case of a part-time exercise of the rights set out in the tenth paragraph of Article 48.4 and in Article 48a. "

Additional disposition twelfth. Amendments to the Law on the Prevention of Occupational Risks.

Law 31/1995 of 8 November on the Prevention of Occupational Risks is amended as follows:

One. A new paragraph 4 is inserted in Article 5, which shall be worded as follows:

" 4. Public administrations will promote the effectiveness of the principle of equality between women and men, considering the variables related to sex in the data collection and treatment systems as well as in the study and research (a) General in the field of occupational risk prevention, with the aim of detecting and preventing possible situations in which damage resulting from work may be associated with the sex of workers. "

Two. The first subparagraph of Article 26 (2) and Article 26 (4) shall be amended as follows:

" 2. Where the adaptation of the conditions or working time is not possible or, in spite of such adaptation, the conditions of a job may have a negative impact on the health of the pregnant worker or the foetus, and certify the Medical Services of the National Institute of Social Security or Mutuals, depending on the Entity with which the company has concerted the coverage of the professional risks, with the report of the doctor of the National Service of Health which is able to provide the worker with the right to perform a job or function different and compatible with their state. The employer shall determine, after consultation with the representatives of the employees, the list of jobs that are exempt from risk for these purposes. "

" 4. The provisions of numbers 1 and 2 of this Article shall also apply during the period of natural lactation, if the working conditions may have a negative effect on the health of the woman or the child and so certify by the Services Physicians of the National Institute of Social Security or Mutual Societies, depending on the entity with which the company has concerted the coverage of the professional risks, with the report of the doctor of the National Health Service who attends empower the worker or her child. It may also declare that the worker concerned has been affected by the risk of suspension of the contract by risk during the natural lactation of children under nine months of age referred to in Article 45.1 (d) of the Staff Regulations, if give the circumstances provided for in paragraph 3 of this Article. '

Additional disposition thirteenth. Amendments to the Labour Procedure Act.

The recast text of the Labour Procedure Law, approved by Royal Legislative Decree 2/1995 of 7 April, is amended as follows:

One. A new second subparagraph is added to Article 27 (2) in the following terms

"The above is without prejudice to the possibility of claiming, in the previous trials, the compensation arising from discrimination or injury of fundamental rights under Articles 180 and 181 of this Law."

Two. Article 108 (2) is worded as follows:

" 2. It shall be null and void for any dismissal that has as a motive any of the causes of discrimination provided for in the Constitution and in the Law, or occurs with violation of fundamental rights and public freedoms of the worker.

The dismissal will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in Article 45 (1) (d) of the recast of the Act of the Staff Regulations, or the notification on a date such that the period of notice granted is completed within that period. period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5) of the Staff Regulations, or are enjoying them, or have applied for or are enjoying the excess provided for in Article 46 (3) of the Staff Regulations; and women victims of gender-based violence for the exercise of their rights to reduce or reorder their working time, geographical mobility, change of work centre or suspension of the employment relationship in the terms and conditions recognised in the Staff Regulations.

(c) Workers after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions of the preceding letters shall apply, except where, in such cases, the origin of the dismissal is declared for reasons not related to pregnancy or to the exercise of the right to leave and leave. indicated. "

Three. Article 122 (2) is amended as follows:

" 2. The extinct decision will be null when:

(a) The legal formalities of written communication, with mention of cause, have not been fulfilled.

(b) No corresponding compensation has been made available to the worker, except in cases where such a requirement was not legally required.

c) Resulting in discrimination or contrary to the fundamental rights and public freedoms of the worker.

d) Law fraud has been carried out by circumventing the rules laid down by collective redundancies, in the cases referred to in the last paragraph of Article 51.1 of the recast text of the Workers ' Statute Act.

The extinct decision will also be null in the following assumptions:

(a) Workers during the period of suspension of the contract of maternity work, risk during pregnancy, risk during natural lactation, diseases caused by pregnancy, childbirth or natural lactation, adoption or acceptance or paternity referred to in point (d) of Article 45 (1) of the recast of the Law on the Staff Regulations, or the one notified at a date such that the period of notice granted is completed within that period. period.

(b) That of pregnant workers, from the date of commencement of pregnancy to the beginning of the period of suspension referred to in point (a), and that of workers who have applied for one of the permits to which they are referred to in Article 37 (4), (4a) and (5) of the Staff Regulations, or are enjoying them, or have applied for or are enjoying the excess provided for in Article 46 (3) of the Staff Regulations; and women victims of gender-based violence for the exercise of their rights to reduce or reorder their working time, geographical mobility, change of work centre or suspension of the employment relationship, in the terms and conditions recognised in the Staff Regulations.

(c) Workers ' after having rejoined the work at the end of the periods of suspension of the maternity, adoption or reception or paternity contract, provided that no more than nine months have elapsed from the date of birth, adoption or welcome of the child.

The provisions set out in the preceding letters shall apply, except where, in such cases, the origin of the late decision is declared for reasons unrelated to pregnancy or for the exercise of the right to permits and Excess of the above. '

Four. A new point (d) is added to Article 146, in the following terms:

(d) of the communications of the Labour and Social Security Inspectorate on the finding of discrimination on grounds of sex and in which the basis for the estimated damage to the worker is collected for the purposes of the of the determination of the corresponding compensation.

In this case, the Head of Inspection concerned must inform the competent labour authority about this, in order to transfer the competent authority to the court. competent for the purposes of the accumulation of shares if the ex officio procedure referred to in Article 149 (2) of this Law is initiated after that. '

Five. Article 149 (2) is amended and is worded as follows:

" 2. In addition, in the event that the acts of infringement relate to one of the matters referred to in Article 7 (2), (6) and (10) and (2), (11) and (12) of Article 8 of the recast of the Law on the Infractions and Sanctions of the Social Order, adopted by Royal Decree-Law 5/2000 of 4 August 2000, and the person responsible has challenged them on the basis of allegations and evidence of which the knowledge of the substance of the question is attributed to the social order of the jurisdiction according to article 9.5 of the Organic Law of the Judiciary. "

Six. Article 180 (1) is amended, which is read as follows:

" 1. The judgment shall state whether or not the infringement has been reported. If yes and after the declaration of radical nullity of the conduct of the employer, employer association, public administration or any other person, entity or corporation public or private, order the immediate cessation of the behavior antiunion and the replacement of the situation at the time before it occurred, as well as the repair of the consequences arising from the act, including the compensation which it shall take, which shall be compatible, where appropriate, with which it may correspond to the worker for the modification or termination of the contract of employment in accordance with the established in the Workers ' Statute. "

Seven. Article 181 is amended, as follows:

" The demands for the protection of other fundamental rights and public freedoms, including the prohibition of discriminatory treatment and harassment, which arise in the field of legal relations attributed to knowledge of the social court, shall be dealt with in accordance with the provisions laid down in this Chapter. Such claims shall express the fundamental right or rights which are deemed to be infringed.

When the judgment declares the existence of an infringement, the Judge must decide on the amount of the compensation which, if any, the worker concerned for having suffered discrimination, if there were any discrepancies between the parties. Such compensation shall be compatible, where appropriate, with which the worker may be liable for the modification or termination of the contract of employment in accordance with the provisions of the Staff Regulations. "

Additional disposition fourteenth. Amendments to the Law on Infractions and Sanctions of the Social Order.

The recast of the Law on Infringement and Sanctions in the Social Order, approved by Royal Legislative Decree 5/2000 of 4 August, is amended as follows:

One. A new paragraph, paragraph 13, is added to Article 7, with the following wording:

" 13. Failure to comply with obligations relating to equality plans laid down in the Staff Regulations or the collective agreement that is applicable. "

Two. Article 8 (12) and (1a) are amended and a new paragraph 17 is added, being worded as follows:

" 12. Unilateral decisions of the undertaking which involve direct or indirect discrimination on grounds of age or disability or favourable or adverse in relation to remuneration, days, training, promotion and other conditions of employment work, due to circumstances of sex, origin, including racial or ethnic, marital status, social status, religion or belief, political ideas, sexual orientation, adherence or not to trade unions and their agreements, relationships with others workers in the company or language within the Spanish State, as well as the decisions of the employer which involve an unfavourable treatment of workers as a reaction to a complaint made within the undertaking or to an administrative or judicial action designed to require compliance with the principle of equal treatment and non-discrimination. '

" 13a. Harassment on grounds of racial or ethnic origin, religion or belief, disability, age and sexual orientation and harassment on grounds of sex, when they occur within the scope to which they reach the faculties of business management, whichever the active subject of the same, provided that, known to the employer, he has not taken the necessary measures to prevent it. '

" 17. Not to elaborate or not to implement the equality plan, or to do so in clear compliance with the intended terms, where the obligation to make such a plan is in accordance with Article 46a (2) of this Law. "

Three. The first paragraph of Article 46 is amended, as follows:

" Without prejudice to the penalties referred to in Article 40.1 and except as provided for in Article 46a) of this Law, employers who have committed very serious infringements as defined in Articles 16 and 23 of this Law in employment and unemployment protection issues. "

Four. A new Subsection 3. bis in Section 2. of Chapter VI, comprehensive of a new Article 46a, is added in the following terms:

" Subsection third bis. Responsibilities in the field of equality

Article 46a. Specific business responsibilities.

1. Employers who have committed the very serious offences referred to in Article 8 (12), (13) and (13) (a) and 16 (2) of this Law shall be punished, without prejudice to the provisions of Article 8 (1). 40, with the following ancillary penalties:

(a) Automatic loss of aid, bonuses and, in general, benefits arising from the implementation of the employment programmes, with effect from the date of the infringement, and

b) Automatic exclusion of access to such benefits for six months.

2. However, in the case of very serious infringements as defined in Article 8 (12) and Article 16 (2) of this Law in respect of cases of direct or indirect discrimination on the grounds of sex, the Court of Justice Ancillary penalties referred to in the preceding paragraph may be replaced by the drawing up and implementation of an equality plan within the undertaking, if this is determined by the competent labour authority upon request of the undertaking and report the provisions of the Labour and Social Security Inspectorate, in accordance with the terms laid down in the Rules of Procedure, the limitation period for such ancillary penalties should be suspended.

In the event that the equality plan is not drawn up or not implemented or the terms set out in the resolution of the labour authority are manifestly in breach of the plan, it is, on a proposal from the Labour Inspectorate, Social security, without prejudice to the imposition of the penalty imposed by the commission on the infringement as defined in Article 8 (17), shall cease to replace the ancillary penalties, which shall apply from the following: form:

(a) The automatic loss of the aid, bonuses and benefits referred to in point (a) of the previous paragraph shall apply with effect from the date on which the infringement was committed;

(b) The exclusion of access to such benefits shall be for six months from the date of the termination of the employment authority by which it is agreed to leave the suspension without effect and to apply the ancillary sanctions. "

Additional provision 15th. Amendment of the Royal Decree Law governing the allowances for contributions to the Social Security of contracts of interinity which are concluded with persons unemployed to replace workers during periods of rest maternity, adoption or welcome.

Article 1 of the Royal Decree Law 11/1998 of 4 September, which regulates the bonuses of quotas to the Social Security of contracts of interinity to be held with persons unemployed to replace to workers during periods of maternity, adoption or accommodation, which is drawn up in the following terms:

" They will be entitled to a 100 per 100 bonus in the business of Social Security, including occupational accidents and occupational diseases, and in the business contributions of the joint collection:

(a) Interinity contracts to be concluded with persons unemployed to replace workers who have their contract of employment suspended by risk during pregnancy or by risk during natural lactation and up to either the corresponding suspension of the contract for the birth of the child is initiated or the infant is nine months old, respectively, or, in both cases, when the worker's inability to return to her or her previous post or another compatible with its status.

(b) Interinity contracts to be concluded with persons unemployed to replace workers who have their employment contract suspended during periods of maternity leave, adoption and a preadoptive or permanent host or who enjoys the paternity suspension in accordance with Articles 48.4 and 48a of the Staff Regulations.

The maximum duration of the allowances provided for in this paragraph (b) shall correspond to that of the respective suspensions of the contracts referred to in the Articles referred to in the preceding paragraph.

In the event that the worker does not record the period of rest or leave to which he or she is entitled, the benefits will be extinguished at the time of incorporation into the company.

(c) Interinity contracts to be concluded with unemployed persons to replace self-employed workers, working partners or working partners of cooperative societies, in cases of risk during pregnancy or risk during natural lactation, periods of rest for maternity, adoption and acceptance or suspension for paternity, in the terms set out in the preceding paragraphs. "

Additional provision sixteenth. Amendments to the Law on Urgent Measures to Reform the Labour Market for increased employment and improving its quality.

The additional provision of Law 12/2001, of July 9, of Urgent Measures of Labor Market Reform for the increase of employment and improvement of its quality, which is drafted in the following, is amended. terms:

" Additional Disposition Second. Social security contributions allowances for workers in the period of maternity leave, adoption, reception, risk during pregnancy, risk during natural breastfeeding or paternity suspension.

To the contribution of workers or members of the working or working partners of cooperative societies, or self-employed or self-employed persons, who are replaced during periods of maternity leave, adoption, In the case of pregnancy or risk during natural lactation, by means of the contracts of the interest of the unemployed to which the Royal Decree-Law 11/1998, of 4 September, will be, it will be of application:

(a) A 100 per 100 bonus in the business of Social Security, including occupational accidents and occupational diseases and in the business contributions of the joint collection fees for the case of workers who are employed in a social security scheme of self-employed persons.

(b) A 100 per 100 allowance for the fee to be applied on the minimum or fixed basis corresponding to the rate of contribution established as compulsory for workers included in a social security scheme of their own of self-employed workers.

This bonus will only apply for the duration of the suspension of activity for those causes and the replacement interinity contract and, in any case, with the maximum limit of the suspension period. "

Additional 17th disposition. Amendments to the Employment Law.

A new Article 22a is added to Law 56/2003, of 16 December, of Employment, in the following terms:

" Article 22a. Discrimination in access to employment.

1. Public employment services, their collaborating entities and non-profit placement agencies, in the management of labour intermediation, shall be specifically responsible for preventing discrimination in access to employment.

The managers of the employment intermediation when, in the placement offers, they appreciate discriminatory character, they will communicate to those who have formulated the offer.

2. In particular, tenders relating to one of the sexes shall be regarded as discriminatory, except in the case of an essential and determining professional requirement for the activity to be carried out.

In any case, the offer referred to only one of the sexes based on the requirements of the job related to the physical effort shall be considered to be discriminatory. "

18th additional disposition. Amendments to the General Law on Social Security.

The recast text of the General Law of Social Security, approved by Royal Legislative Decree 1/1994 of 20 June, is amended as follows:

One. The first subparagraph of Article 38 (1) (c) is amended, which shall be worded as follows:

" (c) Economic benefits in situations of temporary incapacity; maternity; paternity; risk during pregnancy; risk during natural lactation; invalidity, in its contributory and non-contributory modalities; in their contributory and non-contributory modalities; unemployment, in their contributory and care levels; death and survival; as well as those granted in the contingencies and special situations that are regulated by Real Decree, on the proposal of the Minister of Labour and Social Affairs. "

Two. Article 106 (4), which is worded as follows, is amended as follows:

" 4. The obligation to list shall continue in the situation of temporary incapacity, whatever its cause, in the case of maternity, in the case of paternity, in the case of risk during pregnancy and in the risk of breastfeeding, as well as in other cases the situations referred to in Article 125 in which it is established as such. "

Three. Article 124 (3), which is worded as follows, is amended as follows:

" 3. The quotas corresponding to the situation of temporary incapacity, maternity, paternity, risk during pregnancy or risk during natural lactation shall be calculated for the purposes of the various previous periods of contribution required. for the right to benefits. "

Four. A new paragraph 6 is added to Article 124, with the following content:

" 6. The period of maternity or paternity which is in the case of the date of termination of the employment contract, or which is initiated during the receipt of the unemployment benefit, shall be regarded as an effective contribution period for the purposes of the Social security benefits for retirement, permanent disability, death and survival, maternity and paternity. "

Five. Article 125 (1), which is worded as follows, is amended as follows:

" 1. The legal situation of total unemployment during which the worker receives benefit from such a contingency shall be treated as high. It shall also take account of the situation treated as high, with a contribution, except in respect of risk allowances during pregnancy and at risk during natural breast-feeding, the situation of the worker during the period for paid annual leave which has not been enjoyed by the same before the end of the contract. '

Six. Chapter IVa of Title II is amended, which is worded as follows:

" Chapter IV bis

Motherhood

Section first. General assumption

Article 133a. Protected situations.

For the purpose of the maternity benefit provided for in this Section, maternity, adoption and reception, both pre-adopted and permanent or simple in accordance with the Civil Code or the civil laws of the Autonomous Communities which regulate it, provided that, in the latter case, its duration is not less than one year, and even if such arrangements are provisional, during periods of rest which for such situations may be enjoyed, Article 4 (4) of the recast text of the Statute of the European Communities Workers, approved by the Royal Legislative Decree 1/1995 of 24 March, and in Article 30.3 of Law 30/1984 of 2 August of Measures for the Reform of Public Service.

Article 133 ter. Beneficiaries.

1. Maternity allowance shall be paid to employed persons, irrespective of their sex, who enjoy the breaks referred to in the previous Article, provided that they meet the general condition laid down in Article 124.1 and the other rules that are regulated, credit the following minimum trading periods:

(a) If the worker is less than 21 years of age on the date of delivery or on the date of the administrative or judicial decision of acceptance or of the judicial decision making the adoption, no period shall be required. minimum quote.

(b) If the worker is between 21 and 26 years of age on the date of delivery or on the date of the administrative or judicial decision of acceptance or of the judicial decision making up the adoption, the period The required minimum price shall be 90 days quoted within the seven years immediately preceding the time of commencement of the rest. The above requirement shall be deemed to be met if, alternatively, the worker credits 180 days listed throughout his/her working life prior to the latter date.

(c) If the worker is older than 26 years of age on the date of delivery or on the date of the administrative or judicial decision of acceptance or of the judicial decision making up the adoption, the minimum period of The required contribution shall be 180 days within the seven years immediately preceding the start of the rest period. The above requirement shall be deemed to be met if, alternatively, the worker credits 360 days listed throughout his/her working life prior to the latter date.

2. In the case of delivery, and with exclusive application to the biological mother, the age indicated in the previous paragraph shall be that of the person concerned at the time of the start of the rest, taking as a reference the moment of delivery for the purposes of verify the accreditation of the minimum contribution period which, where appropriate, corresponds to.

3. In the cases provided for in the penultimate paragraph of Article 48.4 of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, and in the eighth paragraph of Article 30.3 of Law 30/1984, On 2 August of measures for the reform of the Civil Service, the age referred to in paragraph 1 shall be that of the persons concerned at the time of commencement of the rest, taking as a reference point the time of the decision for the purposes of verify the accreditation of the minimum contribution period which, where appropriate, corresponds to.

Article 133 quater. Economic performance.

The maternity allowance shall consist of a subsidy equal to 100 per 100 of the relevant regulatory basis. For such purposes, the regulatory basis shall be equivalent to that established for the provision of temporary incapacity, arising from common contingencies.

Article 133 quinquies. Loss or suspension of entitlement to maternity allowance.

The right to maternity allowance may be refused, cancelled or suspended, where the beneficiary has acted fraudulently to obtain or retain such benefit, as well as when he or she is self-employed or employed. during the corresponding rest periods.

Section 2. Special case

Article 133 sexies. Beneficiaries.

They shall be beneficiaries of the maternity allowance provided for in this Section by employed persons who, in the case of childbirth, fulfil all the conditions laid down for access to the maternity allowance provided for in the Previous Section, except for the minimum contribution period provided for in Article 133b.

Article 133 septies. Economic performance.

The amount of the benefit shall be equal to 100 per 100 of the public multiple-effect income indicator (IPREM) in force at any time, unless the regulatory basis calculated in accordance with Article 133c or the provision The seventh additional is the lower amount, in which case it will be present.

The duration of the benefit, which shall be considered as non-contributory for the purposes of Article 86, shall be 42 calendar days from birth, the right to be refused, cancelled or suspended for the same reasons. set out in Article 133d. '

Seven. The current Chapter IV ter of Title II becomes Chapter IV c, and a new Chapter IV is inserted in that Title, with the following wording:

" Chapter IV ter

Fatherhood

Article 133 octies. Protected status.

For the purposes of paternity provision, child birth, adoption and reception, both pre-adopted and permanent or simple, in accordance with the Civil Code or civil laws, shall be considered as protected situations. of the Autonomous Communities which regulate it, provided that, in the latter case, its duration is not less than one year, and even if such arrangements are provisional, during the period of suspension which, for such situations, is granted in accordance with as provided for in Article 48. (a) of the recast text of the Law of the Workers ' Statute, approved by Royal Legislative Decree 1/1995 of 24 March, or during the period of leave to be enjoyed, in the same cases, in accordance with the provisions of point (a) of the Article 30.1 of Law 30/1984 of 2 August of Measures for the Reform of the Civil Service.

Article 133 nonies. Beneficiaries.

It will be beneficiaries of the paternity allowance for employed persons who enjoy the suspension referred to in the previous Article, provided that, by bringing together the general condition required by Article 124.1, a the minimum contribution period of 180 days, within seven years immediately prior to the date of commencement of such suspension, or, alternatively, 360 days throughout his/her working life prior to that date, and meeting the other conditions to be determined.

Article 133 decies. Economic performance.

The economic benefit by paternity shall consist of a subsidy to be determined in the form laid down in Article 133c for maternity benefit, and may be refused, cancelled or suspended for the same reasons. set for the latter. "

Eight. Article 134 of the recast text of the General Law on Social Security, adopted by Royal Decree-Legislative 1/1994 of 20 June, is amended as follows:

" Article 134. Protected status.

For the purposes of the economic benefit at risk during pregnancy, the period of suspension of the employment contract is considered to be protected in the cases where, owing to the working woman's change of job (a) the Commission may, in accordance with Article 26 (3) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks, make such a change of position as not technically or objectively possible, or may not be reasonably be required for justified reasons.

The provision corresponding to the risk situation during pregnancy shall have the nature of the provision arising from professional contingencies. "

Nine. Article 135 of the recast text of the General Law on Social Security, adopted by Royal Legislative Decree 1/1994 of 20 June, is amended, which is worded as follows:

Article 135. Economic performance.

" 1. The economic benefit at risk during pregnancy shall be granted to the working woman under the terms and conditions laid down in this Law for the economic benefit of temporary incapacity arising from professional contingencies, with the details set out in the following paragraphs.

2. The economic benefit shall be on the day on which the suspension of the contract of employment is initiated and shall end on the day preceding the day on which the suspension of the maternity work contract or the reinstatement of the working woman is initiated. Previous job or another one compatible with its status.

3. The economic benefit shall consist of a subsidy equal to 100 per 100 of the corresponding regulatory base. For such purposes, the regulatory basis shall be equivalent to that established for the provision of temporary incapacity, arising from professional contingencies.

4. The management and payment of the economic benefit at risk during pregnancy shall be the responsibility of the Management Entity or the Mutual of Occupational Accidents and Occupational Diseases of the Social Security in the light of the entity with which the undertaking the coverage of occupational risks is concerted. "

Ten. A new Chapter IV quinquies is added in Title II, with the following wording:

" Chapter IV quinquies

Risk during natural lactation

Article 135a. Protected status.

For the purposes of the economic benefit by risk during natural lactation, the period of suspension of the contract of employment in the cases in which the working woman must be changed is considered to be protected. (a) the position of the worker, in accordance with the terms laid down in Article 26.4 of Law 31/1995 of 8 November 1995, on the prevention of occupational risks, such a change of position is not technically or objectively possible, or cannot reasonably be required for justified reasons.

Article 135 ter. Economic performance.

The economic benefit at risk during natural lactation shall be granted to the working woman in the terms and conditions laid down in this law for the economic benefit by risk during pregnancy, and shall be extinguished in the the time when the child is nine months of age, unless the beneficiary has been reinstated prior to his or her previous job or another compatible with his/her situation. "

Once. Article 172 (1) (b) is amended, which is worded as follows:

"(b) Recipients of temporary disability benefits, risk during pregnancy, maternity, paternity or risk during natural breastfeeding, which meet the period of contribution that, if any, is established."

Twelve. Article 180 is amended, which is worded as follows:

" Article 180. Benefits.

1. The first two years of the period of leave of absence which the workers, in accordance with Article 46.3 of the Law of the Workers ' Statute, enjoy in respect of the care of each child or child, in the cases of family accommodation permanent or preadoptive, even if these are provisional, shall be considered as an effective contribution period for the purposes of the corresponding benefits of Social Security by retirement, permanent incapacity, death and survival; maternity and paternity.

The effective contribution period referred to in the preceding paragraph shall be 30 months if the family unit of which the child is a member of the family of whom the allowance is applied for is considered to be in excess. large family of general category, or 36 months, if you have the special category.

2. In the same way, it shall be deemed to be effectively listed for the purposes of the benefits referred to in the preceding paragraph, the first year of the period of leave to be paid by the workers, in accordance with Article 46.3 of the Law on the Statute of Workers, by reason of the care of other relatives, to the second degree of consanguinity or affinity, which, for reasons of age, accident, disease or disability, cannot be used by themselves, and do not perform a paid activity.

3. The contributions made during the first two years of the shorter working time reduction period provided for in Article 37 (5) of the Law on the Workers ' Statute shall be calculated on the basis of an increase of up to 100 per 100 of the it would have been appropriate if the working day had been maintained without such a reduction, for the purposes of the benefits referred to in paragraph 1. Such an increase shall be exclusively referred to in the first year for the remainder of the time-reduction scenarios referred to in that Article.

4. Where the situations of leave referred to in paragraphs 1 and 2 have been preceded by a reduction in working time in the terms of Article 37.5 of the Law on the Staff Regulations, for the purposes of such consideration, (a) the contributions made during the day's reduction shall be calculated as an increase of up to 100 per 100 of the amount which would have been paid if the reduction was maintained without such reduction, workday. "

Thirteen. A new paragraph 5 is added to Article 211, in the following terms:

" 5. In the case of reduction of working hours provided for in Article 37 (4a), (5) and (7) of the Law on the Staff Regulations, for the calculation of the regulatory base, the basis of contributions shall be calculated as an increase of up to 100%. of the amount which would have been the case if the full-time or part-time work had been maintained, without reduction.

If the legal status of unemployment occurs when the worker is in the situation of reduced working hours, the maximum and minimum amounts referred to in the preceding paragraphs shall be determined in the light of the public indicator of multiple-effect rents according to the hours worked before the reduction of the day. "

Fourteen. Article 217 (1) is amended, and it shall be worded as follows:

" 1. The amount of the allowance shall be equal to 80 per 100 of the monthly multi-monthly income indicator, in force at any time.

In the case of unemployment by loss of a part-time job, the amount indicated above shall also be collected. "

Fifteen. Article 222 (2), which is worded as follows, is amended as follows:

" 2. Where the worker is in a maternity or paternity situation and during the maternity or paternity situation his contract is terminated for any of the reasons provided for in Article 208 (1), he shall continue to receive maternity or maternity benefits. (a) paternity until such situations are extinguished, then to the legal status of unemployment and to receive, if it meets the necessary requirements, the corresponding benefit. In this case, the period of receipt of the contributory level unemployment benefit shall not be deducted from the time spent in maternity or paternity leave. "

Sixteen. The third and fourth paragraphs of Article 222 (3), which are drawn up in the following terms, are

:

" When the worker is receiving the total unemployment benefit and passes on to the maternity or paternity situation, he or she will receive the benefit for these last contingencies in the amount corresponding to them.

The period of receipt of the unemployment benefit shall not be extended by the fact that the worker is subject to temporary incapacity. During that situation, the Management Entity for unemployment benefits shall continue to satisfy the social security contributions as provided for in Article 206 (1) (b). "

seventeen. A new fifth subparagraph is added to Article 222 (3), in the following terms:

" If the worker moves to the maternity or paternity situation, the unemployment benefit and the social security contribution referred to above shall be suspended and the maternity or paternity allowance shall be granted, managed directly by its Gestora Entity. After the termination of the maternity or paternity allowance, the unemployment benefit shall be resumed, in the terms of Article 212.3.b), for the duration of the allowance and the amount corresponding to it at the time of the suspension. "

Eighteen. The sixth additional provision, which is worded as follows:

" Additional disposal sixth. Protection of contract workers for training.

The protective action of the Social Security of the employed person for training shall include, as contingencies, protected situations and benefits, those arising from accidents at work and occupational diseases, health care in cases of common illness, non-work accident and maternity, temporary disability benefits due to common risks, maternity and paternity, risk during pregnancy and risk during the period of Natural breastfeeding and pensions. "

nineteen. The additional seventh provision is amended as follows:

1. Point (a) of the second subparagraph of paragraph 1 of the seventh additional provision is amended, which is worded as follows:

" (a) To credit the periods of contribution necessary to cause entitlement to retirement benefits, permanent incapacity, death and survival, temporary incapacity, maternity and paternity, shall be taken into account exclusively the contributions made on the basis of the hours worked, both ordinary and complementary, calculating their equivalence on theoretical days of contribution. To this end, the number of hours actually worked shall be divided by five, the daily equivalent of one thousand eight hundred and twenty-six hours per year. '

2. Point (a) of the third subparagraph of paragraph 1 of the seventh additional provision is amended, which is worded as follows:

" (a) The regulatory basis for retirement benefits and permanent incapacity shall be calculated in accordance with the general rule. For maternity and paternity benefits, the daily regulatory basis shall be the result of dividing the sum of the accredited trading bases in the undertaking during the year preceding the date of the causative event between 365. '

Twenty. Paragraph 4 of the eighth additional provision is amended, which is worded as follows:

" 4. The provisions of Articles 134, 135, 1313a, 135b and 166 shall apply, where appropriate, to the employed persons of the special schemes. The provisions of Articles 112a and 162.6 shall also apply to workers employed by special schemes other than those covered by the special arrangements for agricultural and household workers. In addition, the provisions of Articles 134, 135, 135a, 135b and 166 shall apply to the self-employed persons included in the special schemes for workers of the sea, agriculture and self-employed persons, in the words and conditions to be laid down in regulation. "

Twenty-one. The additional provision 111a is amended, which is worded as follows:

" Additional Disposition 11a. Maternity and paternity benefits in Special Regiments.

1. Employed and self-employed persons included in the various Special Regiments of the system shall be entitled to the benefits laid down in Chapter IVa and Chapter IV ter of Title II of this Law, with the same extension and in the same terms and conditions provided for the workers of the General Regime.

2. In the case of self-employed persons, the periods during which maternity and paternity allowances are to be paid shall be matched, in respect of both their duration and their distribution, with the periods of work rest established for employed persons, and may start the payment of the paternity allowance from the date of birth of the child. Self-employed persons may also receive maternity and paternity allowance on a part-time basis, in accordance with the terms and conditions laid down by law.

3. Both for the self-employed persons included in the various Special Regiments and for workers belonging to the Special Regime of Home Employees who are responsible for the obligation to list, it will be a requirement. essential for the recognition and payment of the benefit which the persons concerned are aware of in the payment of the social security contributions. "

Twenty-two. New wording is given to the additional eleventh ter provision, which is worded as follows:

" Additional Disposition eleventh ter. Management of maternity and paternity benefits.

The management of the economic benefits of maternity and paternity covered by this law shall be directly and exclusively the responsibility of the managing body concerned. "

Twenty-three. A new additional 44th arrangement is introduced, in the following terms:

" Additional layout 44th. Periods of contribution assimilated by birth.

For the purpose of contributory retirement pensions and permanent incapacity for any social security scheme, a total of 112 full days of pension shall be taken into account in favour of the worker who is the applicant for the pension. For each child's birth, and for 14 more days for each child from the second, it is included, if the birth is multiple, except if, as a worker or an official at the time of delivery, it would have been paid for the whole of the sixteen weeks or, if the delivery is multiple, for as long as appropriate. "

Additional 19th disposition. Amendments to the Law on Measures for the Reform of the Civil Service.

The following precepts of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service are amended:

One. The second paragraph of Article 29.4 is amended, which is worded as follows:

" They shall also be entitled to a period of leave of absence of not more than three years, officials to care for the care of a relative who is in charge, up to the second degree including consanguinity or affinity, which for reasons of age, accident, disease or disability cannot be used by itself and does not carry out paid activity. "

Two. The fifth paragraph of Article 29.4 is amended, which is worded as follows:

" The period of stay in this situation shall be computable for the purposes of triennial, personal grade consolidation and passive rights.

Officials will be able to participate in the training courses called by the Administration. During the first two years, they will be entitled to the reserve of the job they performed. After this period, the reserve shall be placed in the same location and in the same level and in remuneration. "

Three. The current sixth paragraph of Article 29.4 is deleted.

Four. The name of Article 29.8 is amended as follows:

"Exceding for gender-based violence on women would work."

Five. A paragraph is added, following the first paragraph of Article 29.8, with the following wording:

"Likewise, during the first two months of this leave the official shall be entitled to receive the full remuneration and, where appropriate, the family benefits for the child in charge."

Six. Article 30.1 (a) is amended as follows:

" 1. Permissions will be granted for the following justified causes:

(a) By the birth, acceptance, or adoption of a child, fifteen days to be enjoyed by the father as of the date of birth, of the administrative or judicial decision of acceptance or of the judicial decision by which he/she is constitutes adoption. "

Seven. A new point (a) is hereby set out in Article 30.1, with the following wording:

" a bis) For the death, accident or serious illness of a relative within the first degree of consanguinity or affinity, three working days when the event occurs in the same locality, and five working days when in different location.

In the case of the death, accident or serious illness of a relative within the second degree of consanguinity or affinity, the permit shall be two working days when the event occurs in the same locality and four business days when in different locations. "

Eight. Article 30.1 (f) is amended and two paragraphs are added to that letter, the wording being read as follows:

" The official, who is breastfeeding for a child of less than twelve months, shall be entitled to an hour of absence from work, which may be divided into two fractions. This right may be replaced by a reduction of the normal working day in half an hour at the beginning and end of the day, or in one hour at the beginning or end of the day, for the same purpose. This right may be exercised interchangeably by one or the other of the parents, in the event that they both work.

Likewise, the official may request the replacement of the nursing time with a paid leave that accumulates in full days the corresponding time.

This permit will be increased proportionally in multiple birth cases. "

Nine. The first subparagraph of point (f) (a) of Article 30.1 is amended as follows:

" (f bis) In the case of births of premature infants or for any cause to remain hospitalized after delivery, the official or official shall be entitled to leave the work for a maximum of two hours by perceiving the full remuneration. They shall also be entitled to reduce their working time to a maximum of two hours, with a proportional reduction in their remuneration. "

Ten. The first subparagraph of point (g) of Article 30.1 is amended, which is worded as follows:

" (g) The official who, for reasons of legal guardian, has direct care of any person under the age of 12 years, a person who is more than requiring special dedication or a person with a disability, who does not carry out paid activity, shall have the right to the reduction of your working day. "

Once. A point (g) (a) is added to Article 30.1 with the following wording:

" g bis) The official who needs to attend to the care of a relative in the first degree shall have the right to request a reduction of up to fifty per cent of the working day, on a paid basis, for reasons of illness very serious and for the maximum period of one month. If there is more than one holder of this right for the same causative event, the time of enjoyment of this reduction may be extended by the same, with due respect, in any case, for the maximum period of one month. '

Twelve. The following is added at the end of Article 30.2:

"... and by duties derived from the reconciliation of family and work life."

Thirteen. Article 30.3 is amended as follows:

" In the course of delivery, the duration of the leave will be an uninterrupted sixteen weeks extendable in the case of multiple birth in two more weeks for each child from the second. The permit will be distributed at the option of the official, provided that six weeks are immediately after the delivery. In the event of the death of the mother, the other parent may make use of the entire or, where appropriate, the part of the parent's portion of the permit.

Notwithstanding the above, and without prejudice to the immediate six weeks after the mandatory rest period for the mother, in the event that both parents work, the mother, at the beginning of the rest period, maternity, may choose to have the other parent enjoy a certain and uninterrupted part of the period of rest after the birth, either simultaneously or in succession with that of the mother. The other parent may continue to enjoy the maternity leave initially transferred, although at the time provided for the return of the mother to work, she is in a temporary disability situation.

In cases of preterm birth and in those where, for any other cause, the neonate must remain hospitalized after delivery, the period of suspension will be extended in as many days as the neonate is found. hospitalized, with a maximum of thirteen additional weeks.

In the cases of adoption or acceptance, both preadoptive and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that the simple reception is duration of not less than one year, and regardless of the age of the child, the permit will last for sixteen weeks uninterrupted, extended in the event of adoption or multiple acceptance in two weeks more for each child of the second, counted on the choice of the official, either on the basis of the administrative decision or The Court of Justice of the European Court of Justice of the European Court of Justice of the European Union, of the Court of Justice of the European Union, of the Court of Justice of the European Union In the event that both parents work, the permit will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively, always with uninterrupted periods.

In the case of disability of the child or of the child adopted or received, the permit referred to in this paragraph shall be for an additional duration of two weeks. In case both parents work, this additional period will be distributed to the interested parties, who will be able to enjoy it simultaneously or successively and always on an uninterrupted basis.

In cases of simultaneous enjoyment of rest periods, the sum of the rest periods shall not exceed the sixteen weeks provided for in the preceding paragraphs or those corresponding to childbirth, adoption or accommodation. multiple and disability of the child or child adopted or received.

The permits referred to in this paragraph may be enjoyed on a full-time or part-time basis, at the request of the officials and if the needs of the service permit, in terms of rules are determined.

In cases of international adoption, where the prior movement of the parents to the country of origin of the adoptee is necessary, the official shall be entitled to enjoy a permit of up to two months ' duration. (i) in the course of this period only the basic remuneration.

Regardless of the permission provided for in the preceding paragraph, and for the alleged contemplated therein, the permit for adoption and acceptance, both pre-adopted and permanent or simple, in accordance with the Civil Code or the civil laws of the Autonomous Communities which regulate it, provided that the simple accommodation is not less than one year, it may be initiated up to four weeks before the decision on which the adoption is made.

During the enjoyment of the permits regulated in this section you will be able to participate in the training courses called by the Administration.

In the cases provided for in this paragraph, the time spent in the situation of leave by birth or maternity will be computed as an effective service for all purposes, guaranteeing the full economic rights of the the official and, where appropriate, the other official parent, for the entire duration of the permit, and, where appropriate, during the periods following the enjoyment of the permit, if in accordance with the applicable rules, the right to receive any Remuneration concept is determined according to the period of enjoyment of the permit.

Officials who have used birth or maternity leave will be entitled, once the period of leave to return to their job is completed in terms and conditions that are not less favourable to them. enjoy the permit, as well as to benefit from any improvement in the working conditions to which he could have been entitled during his absence. "

320th additional disposition. Amendments to the Armed Forces Personnel Regime Act.

Law 17/1999, of 18 May, of Staff Regulations of the Armed Forces, is amended as follows:

One. New wording is given to Article 108.2:

" 2. The composition, incompatibilities and rules of operation of the assessment bodies will be determined, as far as possible, in accordance with the principle of a balanced composition in the terms defined in the Organic Law for Equality. Women and men are effective. In any case, they will be made up of higher-employment military personnel than those assessed. "

Two. A new fourth paragraph is included in Article 112, with the following wording:

" 4. Women will be given special protection in situations of pregnancy, childbirth and postpartum to meet the conditions for promotion to all professional military jobs. "

Three. Article 132 is reworded in the following terms:

" During the period of pregnancy and after the optional report, the professional military woman may be assigned to an organic or other position other than the one she is occupying, which is appropriate to the circumstances of her status.

In the cases of childbirth or adoption, the corresponding leave of the mother and father shall be entitled, in accordance with the legislation in force for the staff at the service of the public administrations.

The application of these assumptions will not result in loss of the target. "

Four. New wording is given to Article 141.1.e), which is worded as follows:

" (e) Request to attend to the care of the children or in case of a preadoptive or a permanent or simple reception, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that their duration is not less than one year, even if they are provisional, of less than six years of age, or of minors who are older than six years of age in the case of persons with disabilities or who are due to their personal circumstances and experiences; or come from abroad, have special difficulties of social and family integration properly accredited by the competent social services.

They shall also be entitled to a period of leave of absence of not more than one year for those who request it to take care of the direct care of a family member, up to the second degree of consanguinity or affinity, than for reasons of age, accident or illness cannot be used by itself and do not carry out paid activity.

The situation of voluntary leave may not be granted for these reasons when the spouse or person with a similar affectivity relationship or another family member of the military officer has been recognised as being entitled to such rights. administrative situation and in relation to the same causative.

The situation of voluntary leave will also be passed by family group when the spouse resides in another municipality for having obtained a permanent job in any of the public administrations. or a destination referred to in Article 126. '

Five. A new paragraph 6 is included in Article 148, with the following wording:

" 6. The military and military personnel of troops and marineria who, at the end of their service relationship with the Armed Forces, were in a situation of temporary incapacity by accident or illness resulting from the service, or in a situation of pregnancy, childbirth or postpartum, will not cause low in the Armed Forces and will extend their commitment to the end of these situations. "

Additional twenty first disposition. Amendments to the State Civil Officials Act.

Article 69 (3) of the text of the Law of Civil Servants of the State, approved by Decree 315/1964, of 7 February, is worded as follows:

" 3. Where the circumstances referred to in Article 26 (3) and (4) of Law 31/1995 of 8 November 1995 on the Prevention of Occupational Risks affect an official falling within the scope of the administrative mutualism, it may be licensed for risk during pregnancy or at risk of breastfeeding during breast-feeding on the same terms and conditions as those provided for in the previous numbers. "

Additional twenty-second disposition. Amendment of Law 55/2003, of the Statute of the Statutory Staff of the Health Services.

One. Article 59 (3) of Law 55/2003 is amended from the framework statute of the statutory staff of health services, with the following text:

" 3. The special measures provided for in this Article shall not affect staff who are in a situation of maternity leave or leave for risk during pregnancy or at risk during natural lactation. "

Two. Article 61 (2) of Law 55/2003 is amended from the framework statute of the statutory staff of health services with the following text:

" 2. Statutory staff shall have the right to enjoy the permit and licensing arrangements, including the risk licence during pregnancy, established for civil servants by Law 39/1999 of 5 November on the reconciliation of life family and labor of the working people and the organic law for the effective equality of women and men. "

33rd additional disposition.

Articles 22 and 12 (b) of the Law on Social Security of Civil Servants of the State, approved by Royal Legislative Decree 4/2000, of 23 June, are amended, which will be worded as follows:

" Article 22. Risk situation during pregnancy or risk during breast-feeding.

It will have the same consideration and effects as the situation of temporary incapacity for the situation of the woman who has obtained a risk license during pregnancy or risk during the natural breastfeeding of children under nine months, in accordance with Article 69 of the Articulated Text of the Law of Civil Servants of the State. "

" Article 12. Benefits.

b) Temporary disability benefits, risk during pregnancy or risk during natural lactation. "

Twenty-fourth additional disposition. Amendments to the Civil Guard Corps Personnel Regime Act.

Law 42/1999, of 25 November, of Staff Regulations of the Civil Guard Corps, is amended as follows:

One. New wording is given to Article 56.2:

" 2. The composition, incompatibilities and rules of operation of the assessment bodies shall be determined, in accordance with the principle of a balanced composition in accordance with the terms laid down in the Organic Law for the effective equality of women and men. In any case they shall be made up of personnel of the Civil Guard Corps of higher employment or seniority than those assessed. "

Two. A new paragraph 6 is included in Article 60, with the following wording:

" 6. Women will be given special protection in pregnancy, childbirth and postpartum situations to meet the conditions for promotion to all Civil Guard Corps jobs. "

Three. New wording is given to Article 75:

" During the period of pregnancy and prior to the optional report, the female civil guard may be assigned an organic position or role other than the one she was occupying, appropriate to the circumstances of her state. In the cases of childbirth or adoption, the corresponding maternity and paternity leave shall be entitled, in accordance with the legislation in force for the staff at the service of the public administrations. The application of these assumptions will not result in loss of the destination. "

Four. Article 83.1 (e) is hereby reworded as follows:

" (e) Request to attend to the care of the children or in case of a preadoptive or a permanent or simple reception, in accordance with the Civil Code or the civil laws of the Autonomous Communities that regulate it, provided that their duration is not less than one year, even if they are provisional, of less than six years of age, or of minors who are older than six years of age in the case of persons with disabilities or who are due to their personal circumstances and experiences; or come from abroad, have special difficulties of social and family integration properly accredited by the competent social services.

They shall also be entitled to a period of leave of absence of not more than one year for those who request it to take care of the direct care of a family member, up to the second degree of consanguinity or affinity which, for reasons of age, accident or disease, cannot be used by itself, and do not carry out paid activity.

These rights may not be exercised simultaneously by two or more civil guards in connection with the same causative. "

Additional twenty-fifth disposition. Amendment of the General Law for the Defense of Consumers and Users.

New wording is given to Article 34 (10) of Law 26/1984 of 19 July, General for the Defence of Consumers and Users, passing its current content to constitute a new paragraph 11:

" 10. Discriminatory conduct in access to goods and the provision of services, and in particular those provided for in the Organic Law for the effective equality of women and men. "

Additional twenty-sixth disposition. Amendment of the Law on Limited Companies.

The ninth indication of Article 200 of the Law on Limited Societies, recast text approved by Royal Decree-Law 1564/1989 of 22 December 1989, is amended, which is worded in the following terms:

" The average number of persons employed in the course of the financial year, expressed as a category, as well as the staff costs relating to the financial year, distributed as provided for in Article 189 (3), where they are not so entered in the profit and loss account.

The distribution by gender at the end of the exercise of the company's staff, broken down into a sufficient number of categories and levels, including those of senior managers and members. "

Additional twenty-seventh disposition. Amendments to the Law on the Establishment of the Women's Institute.

A new article 2a is added to Law 16/1983, of 24 October, of the creation of the Institute of Women, in the following terms:

" Article 2a. In addition to the provisions of the previous Article and other rules in force, the Institute of Women shall exercise, independently, the following functions:

(a) the provision of assistance to victims of discrimination to deal with their claims for discrimination;

b) conducting studies on discrimination;

c) the publication of reports and the formulation of recommendations on any issue related to discrimination. "

An additional twenty-eighth disposition. Designation of the Women's Institute.

The Women's Institute shall be the competent body in the Kingdom of Spain within the meaning of Article 8a of Directive 76/207 of 9 February 1976, as amended by Directive 2002/73 of the European Parliament and of the European Parliament, of the Council of 23 September 2002 on the application of the principle of equal treatment for men and women with regard to access to employment, vocational training and promotion, and working conditions and conditions of employment. Article 12 of Directive 2004/113 of the Council of 13 December 2004 on the application of the principle of equal treatment of men and women in the access to and supply of goods and services.

Additional twenty-ninth disposition.

An additional new provision is added to Law 5/1984, of 26 March, regulating the right of asylum and refugee status, in the following terms:

" Additional provision third.

The provisions of Article 3 (1) shall apply to foreign women fleeing their countries of origin due to a well-founded fear of persecution on the grounds of gender. "

Additional 30th disposition. Amendments to the Law on the Ordination of the Special Penitentiary and the Creation of the Body of Assistant Penitentiary Institutions.

Law 36/1977, of 23 May, of the Ordination of the Special Penitentiary Bodies and of the Creation of the Body of Adjutants of Penitentiary Institutions, is amended as follows:

One. New wording is given to Article 1:

"The Body of Assistant Penitentiary Institutions shall be composed of official staff, ensuring access to it in the terms defined in the Organic Law for the effective equality of women and men."

Two. New wording is given to the First Transitional Disposition:

"The current male and female scales of the Body of Penitentiary Institutions and their officials are extinguished in their entirety in the Body of Assistant Penitentiary Institutions."

Additional 30th disposition. Extension to other collectives.

The provisions necessary to apply the provisions of the additional tenth provision shall be adopted. Ten, as regards premature births, to groups not covered by the scope of the Staff Regulations.

First transient disposition. Transitional arrangements for appointments.

The rules on composition and balanced representation contained in this Law will apply to appointments that occur after their entry into force, without affecting those already made.

Second transient disposition. Regulatory regulation of transience in relation to the business distinguishing mark in the field of equality.

Reglamentarily, for the purposes of obtaining the business distinctive in the field of equality governed by Chapter IV of Title IV of this Law, the conditions for the validation of the qualifications attributed to the companies in accordance with the above rules.

Transitional provision third. Transitional arrangements for procedures.

The administrative and judicial procedures already initiated prior to the entry into force of this Law will not apply to them, governed by the previous regulations.

Transitional disposition fourth. Regime for the implementation of the obligation to negotiate on equality.

The provisions of Article 85 of the Statute for Workers on Equality, in accordance with the wording given by this Law, will apply in the subsequent negotiation to the first denunciation of the agreement that will take place of the entry into effect of the same.

Transient disposition fifth. Mortality and survival tables.

As long as the regulatory provisions referred to in the second paragraph of Article 71.1 of this Law are not adopted, the insurance institutions may continue to apply the mortality and survival tables and the other elements of the currently used technical bases in which sex is a determining factor in the assessment of the risk from relevant and accurate actuarial and statistical data.

Transitional disposition sixth. Effects retroactivity for reconciliation measures.

The precepts of Law 30/1984, of 2 August, of Measures for the Reform of the Civil Service, as amended by this Law, will be retroactive in relation to the causative facts originating and in force on 1 January 2006 in the the scope of the General Administration of the State.

Transitional disposition seventh. Transitional arrangements for new rights in the field of maternity, paternity, risk during pregnancy and consideration as listed for the purposes of social security for certain periods.

1. The regulation introduced by this Law on maternity and paternity leave shall apply to births, adoptions or reception which occur or constitute from its entry into force.

2. The amendments introduced by this Law on risk during pregnancy shall apply to the suspensions which are caused by that law from its entry into force.

3. The consideration as quoted for the periods referred to in Article 124 (6) and the additional 44th provision of the recast text of the General Law on Social Security, adopted by Royal Decree-Law 1/1994, 20 June, shall apply to the benefits which are caused from the entry into force of this Law. The same effects shall apply to the extension of the period considered as listed in Article 180 (1) of the same rule and to the consideration as quoted at 100 per 100 of the periods referred to in paragraphs 3 and 4 of the Cited article.

Transient disposition octave. Transitional arrangements for unemployment benefit.

The amount of the unemployment allowance provided for in the second subparagraph of Article 217 (1) of the General Law on Social Security, in the wording given by this Law, shall apply to the allowance for unemployment that is born from the entry into force of this Law.

transient disposition ninth. Extension of the work contract suspension.

The Government will gradually and gradually extend the duration of the suspension of the paternity work contract as set out in the additional tenth provision, paragraph 11, and the additional decision of the 19th, paragraph Six, of this Law, until reaching the 4-week objective of this paternity leave at 6 years of the entry into force of this Law.

Transient disposition tenth. Deployment of the gender impact.

The Government, in this year 2007, will regulate the Gender Impact Law with the accuracy of the indicators to be taken into account for the preparation of this report.

Transient disposition tenth first.

The Government, in this year 2007, will regulate the Guarantee Fund provided for in the single additional provision of Law 8/2005 of 8 July, which amends the Civil Code and the Law on Civil Procedure in the field of separation and divorce, created and initially provided in the additional fiftieth third of Law 42/2006, of December 28, of General State Budgets for the year 2007.

Single repeal provision.

As many rules of equal or lower rank are repealed or contradicted by the provisions of this Law.

Final disposition first. Constitutional foundation.

1. The precepts contained in the Preliminary Title, Title I, Chapter I of Title II, Articles 28 to 31 and the additional provision of this Law constitute regulation of the basic conditions which guarantee the equality of all in the exercise of the rights and the fulfilment of constitutional duties, in accordance with Article 149.1.1. of the Constitution.

2. Articles 23 to 25 of this Law are of a basic nature, in accordance with Article 149.1.30. of the Constitution. Article 27 and the additional eighth and ninth provisions of this Law are of a basic nature, in accordance with Article 149.1.16. Articles 36, 39 and 40 of this Law are of a basic nature, in accordance with Article 149.1.27. of the Constitution. Articles 33, 35 and 51, paragraph six of the additional provision nineteenth and the fourth, seventh, eighth and ninth paragraphs of the text introduced in paragraph 13 of the same additional tenth provision of this Law are In accordance with Article 149.1.18. of the Constitution. The additional tenth-fifth, tenth and tenth-eighth provisions constitute basic social security legislation, in accordance with Article 149.1.17. of the Constitution.

3. The precepts contained in Title IV and the additional 10th, tenth, tenth, fourth and tenth seventh provisions constitute labour law of application throughout the State, in accordance with Article 149.1.7. Constitution.

Article 41, the precepts contained in Titles VI and VII and the additional twenty-fifth and twenty-sixth provisions of this Law constitute direct application legislation throughout the State, according to the article. 14th and 8th of the Constitution.

Additional provisions third to seventh and tenth third are dictated by the exercise of jurisdiction over procedural law, in accordance with Article 149.1.6. of the Constitution.

4. The rest of the provisions of this Law apply to the General Administration of the State.

Final disposition second. Nature of the Act.

The rules contained in the first, second and third provisions of this Law are organic. The rest of the precepts contained in this Law do not have such a character.

Final disposition third. Regulatory enablement.

1. The Government is authorised to issue any provisions necessary for the application and development of this Law in matters falling within the competence of the State.

2. Regulation, within six months of the entry into force of this Law:

The regulation of the business flag on equality established in Chapter IV of Title IV of this Law shall be implemented.

The content of the Annexes to Directive 92/85 of the European Council of 19 October 1992 on the implementation of measures to promote the improvement of safety and health in the work of pregnant workers will be integrated, has been given birth or breast-feeding. The Ministry of Labour and Social Affairs will, within six months of the publication of the Royal Decree, draw up guidelines on risk assessment.

3. The Government may fix, by 21 December 2007 and by means of Royal Decree, the cases referred to in the second paragraph of Article 71.1 of this Law.

Final disposition fourth. Transposition of Directives.

By this Law, Directive 2002/73 of the European Parliament and of the Council of 23 September 2002 amending Directive 76/207 of 9 February 1976 on the approximation of the laws of the Member States relating to the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and the working conditions and Directive 2004/113 of the Council of 13 December 2004, on the application of the principle of equal treatment between men and women in access to goods and services and their supply.

Also, by this Law, they are incorporated into Law 1/2000 of January 7, of Civil Procedure, and Law 29/1998 of July 13, regulatory of the Jurisdiction-Administrative Jurisdiction, Council Directive 97 /80/EC, of 15 December 1997 on the burden of proof in cases of discrimination on grounds of sex.

Final disposition fifth. Plans for equality and collective bargaining.

After four years since the entry into force of this Law, the Government will evaluate, together with the most representative trade union organizations and associations, the state of collective bargaining in the (a) the level of equality, and to examine, in the light of developments, the measures which, where appropriate, are relevant.

Final disposition sixth. Implementation of preventive measures for sexual harassment and harassment on grounds of sex in the General Administration of the State.

The application of the protocol of action on measures relating to sexual harassment or by reason of sex regulated in Article 62 of this Law will take place within six months of the entry into force of the Royal Decree that approve.

Final disposition seventh. Measures to enable the maternity and paternity leave of persons holding an elected office.

As of the entry into force of this Law, the Government will promote the agreement necessary to initiate a process of modification of the legislation in force in order to enable the maternity and paternity leave of the who have an elected office.

Final disposition octave. Entry into force.

This Law shall enter into force on the day following that of its publication in the Official Gazette of the State, with the exception of the provisions of Article 71.2, which shall do so on 31 December 2008.

Therefore,

I command all Spaniards, individuals and authorities, to keep and keep this organic law.

Madrid, 22 March 2007.

JOHN CARLOS R.

The President of the Government,

JOSE LUIS RODRIGUEZ ZAPATERO