Finally approved the accumulation of lactation leave, the application priority of regional collective bargaining agreements and unemployment assistance protection

It has been published in the Official State Gazette the Royal Decree-Law 2/2024, of 21^st May, which adopts urgent measures to simplify and improve the level of unemployment protection assistance, and to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20^th June 2019 on the reconciliation of family and professional life of parents and carers, and repealing Directive 2010/18/EU of the Council.

This royal decree-law, which comes into force on 23^rd May 2024 in general, introduces modifications in labor and Social Security matters, among which we highlight the following:

• The possibility of accumulating breastfeeding leave into full days is established, by modifying article 37.4 of the Workers' Statute, eliminating the reference to the terms provided for in collective bargaining or in the agreement with the company.
• The application priority of regional collective bargaining agreements is established, reforming article 84 of the Workers' Statute. The possibility of negotiating, within the scope of an autonomous community, collective agreements and interprofessional agreements with application priority over any other sectoral collective bargaining agreement or state agreement is provided, whether the majorities required to constitute the corresponding negotiating commission are obtained and their provision are more favorable for employees than what are established in state conventions or agreements.
        
  Furthermore, and unlike the previous royal decree-law, the possibility is also established for provincial collective bargaining agreements to have the same application priority when this is provided for in regional interprofessional agreements if they are more favorable for employees than state agreements or agreements.
         
  The list of non-negotiable matters is maintained in these cases: the trial period, the contracting modalities, the professional classification, the maximum annual working day, the disciplinary regime, the minimum standards regarding prevention of occupational risks and mobility geographical.
• The so-called assistance level of unemployment benefits is reformed, expanding the beneficiary groups and increasing the amounts, among other modifications.

The draft of the law to reform article 49.1.e of the Workers' Statute has also been approved so that the recognition of a total or absolute permanent disability or severe disability will no longer entail the automatic termination of the employment contract, requiring adaptation of the job position unless it represents an excessive burden for the company.