ORGANIC LAW 2/2024, OF AUGUST 1, ON EQUAL REPRESENTATION AND BALANCED PRESENCE OF WOMEN AND MEN.
On August 2, 2024, Organic Law 2/2024, of August 1, on equal representation and balanced presence of women and men, was published in the BOE.
This is a law that introduces multiple modifications to our legal system, both in the corporate and labor fields, as well as in certain specific sectors with the aim of achieving a real and effective exercise of the principle of equality between women and men.
For the purposes of the law, equal representation and balanced presence between women and men is understood as a situation in which the people of each sex do not exceed 60% or are less than 40% in a given area. In accordance with the principle of positive action, this criterion may not be applied when there is a representation of women of more than 60%, although, in any case, it must be justified.
The regulations introduce various modifications, among other rules, in the Workers’ Statute, since with the modification of article 55.5 b) the request and enjoyment of permits for serious accident or illness of family members, as well as the exercise of the right to adapt the working day for reconciliation of family and work life, are eliminated as an objective cause of nullity of disciplinary dismissal and for objective reasons, although the regulations may be modified in this regard.
It equates the protection of victims of sexual violence with that of victims of gender violence and terrorism, recognizing their right to reduced working hours, adaptation of working hours, geographical mobility and suspension and termination of the contract by decision of the worker who is forced to leave her job.
The transposition of Directive (EU) 2022/2381 is also being carried out, by modifying the Capital Companies Act, to require listed companies to ensure that the board of directors and senior management positions have a composition that guarantees the presence of at least 40% of board members of the less represented sex. The need to integrate into the sustainability report an annual report on the representation of the less represented sex on the board of directors is also foreseen.
Conclusions
In general terms, the regulation will come into force on August 22, although its transitional provisions establish specific dates for the application of the measures it contemplates in certain areas.
From the legal department we can provide more details on this modification of the regulations.
Organic Law 2/2024, of August 1, on equal representation
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Other articles of interest:
New Agreement for Equality and Non-Discrimination of LGTBI people in the workplace. | GM integra RRHH – HR Partner – GMintegra RRHH