The National Court considers that forcing the inclusion of days on which the accident occurs increases the pay gap between men and women.
The National Court has recognized the right of employees to use the five paid days at their discretion to care for family members due to illness, since forcing them to take them when the accident occurs aggravates the situation. gender pay gap.
In a ruling dated September 12, the social court granted the claim of the Independent Trade Union and Workers’ Center (CSIF), CCOO and UGT against RACE.
The unions defended that, following the 2023 reform of the Workers’ Statute, the said company applied a “restrictive and unjustified” interpretation of the days of leave for hospitalisation or serious illness, claiming that these days of leave could be taken from the date of the start of the employment contract. accident.
The company, in turn, argued that the decision on how to provide for the leave provided for in the standard “cannot be left to the discretion of the employee, but rather falls within the scope of the employer’s own organization.”
The Chamber admits that the manner in which the calculation must be carried out and the effective date of the permit ‘It has always been a controversial topic’since it makes sense if it serves to address the cause that makes this possible, and therefore “a certain immediacy” is required.
In general, the ruling indicates, it depends on what the collective agreementand in the present case this is not the case.
For this reason, the magistrates share the unions’ criteria and understand that the company’s interpretation was restrictive or restricting the enjoyment of the permit, since “it is a general principle of law that where the standard does not discriminate, the interpreter may not discriminate.”
Furthermore, the Court recalls that the social reality on which this standard is reflected is that leave related to the care of family members and cohabitants is exercised mainly by women. It is therefore necessary to introduce a gender perspective.
He inflexible business criteria According to the provision that leave must necessarily begin when the accident occurs, “this does nothing more than perpetuate the so-called ‘gender employment gap’, because it implies that the group that traditionally provides care sees their rights diminished for this reason.
In the same way it represents a discouragement for men to take up the duty joint responsibility for family responsibilities.
Source: EITB
I’m Wayne Wickman, a professional journalist and author for Today Times Live. My specialty is covering global news and current events, offering readers a unique perspective on the world’s most pressing issues. I’m passionate about storytelling and helping people stay informed on the goings-on of our planet.
