Spain

The judgment of the National Court of 19 November 2018 annulled the statutes of a sex workers’ union arguing that prostitution cannot be considered a job and that, therefore, whoever exercises it cannot rely on the freedom of association to create a union

Law 6/2018, of 3 July 2018 (Final Disposition 38) has extended the paternity leave from four weeks to five weeks and has allowed the possibility to take the paternity leave in two parts.

Royal Decree 950/2018, of 27 July 2018, has applied the judgment of the CJEU of 9 November 2017, C-98/15 (Espadas Recio Case) and has, accordingly, modified the social security legislation so part-time workers have the right to the unemployment benefit taking into consideration the days that they have contributed to the social security system, and not only the days that they have effectively worked.

A new bill on equal pay between women and men was registered in the Congress of Deputies on 24 October 2017. On 22 February 2018 the bill has been submitted by the Congress and it will be discussed over the next months

The Provincial Court of Navarra has ruled that sex without consent is not rape but sexual abuse, unless express and clear violence and intimidation has taken place

Gender-based violence

New social security benefits for self-employed workers with family responsibilities

Women on non-executive company boards

With its judgement of 4 April 2017, the Supreme Court has recognized the right of a female worker to be reinstated in her job after being unfairly dismissed while she was undergoing fertility treatment, even though she was not yet pregnant. This Supreme Court case resembles the judgment of the CJEU of 26 February 2008 (Mayr Case).

The Supreme Court's judgment of 24 January 2017, has recognized the right to full remuneration for an employee in the medical field, who, due to her pregnancy, could not perform night shifts. In a judgment of 10 January 2017, the Supreme Court recognized the right to receive full remuneration (including bonuses) from the first day of work after maternity leave.

The Spanish Government withdrew subsidies for university education in gender equality and subsidies to small businesses to promote equality between men and women

Almost ten years after establishing the paternity leave from first time Spain extends it from 13 days to four weeks

Maternity leave for a father who have had a baby through a surrogacy arrangement 

Catalan law on effective equality between women and men has been partially annulled by the Constitutional Court because Catalonian Parliament has exceeded its competence to legislate

Collective agreements can improve legislation on reduction of working hours for parental reasons, even if the improvement was established in the collective agreement before the legislative reform of 2012

The active population survey shows that the decline in unemployment has been much higher for men than for women 

New legislation is approved that recognises the right to a pension supplement for mothers of two or more children

Increase of pensions to mothers

Dismissal of workers who are pregnant or in parental leave