The summer is always a busy and active time in the world of sports, the fans can enjoy important competitions and the sports entities make the most of their planning for a new start of the season.
The legislator wanted to wear the technical shirt, not to be left behind and to take part in the middle of this scenario of new purposes.
In this case the purpose could not be called “new” but rather an insistence on “regulatory action aimed at combating all remaining manifestations of discrimination, direct or indirect, based on sex and promoting real equality between women and men, with the removal of obstacles and social stereotypes that prevent it from being achieved”, all this through the organic law on equal representation and balanced presence of women and men approved in the month of August.
The effects of the aforementioned law have radiated towards our already veteran and convalescent royal decree regulating the special employment relationship of professional sportsmen and women, once again highlighting its necessary updating towards a sector, the sports sector, which at present has little to do with that of 1985, when the aforementioned law was given the green light.
Specifically, the following modifications have been introduced in relation to pregnancy, work-life balance and the participation of female athletes in training sessions:
With respect to pregnancy, the following modification is introduced:
“In case of pregnancy, or being in the process of adoption, in the latter case having passed the resolution and the certificate of suitability, professional sportspersons shall be entitled to extend the contract for one year, extending it automatically, when it is the last year of the contract. Professional sportspersons may withdraw from the contract renewal”.
In relation to work-life balance, we encourage the adaptation of the working day so as not to interrupt sports activities:
“Professional athletes shall enjoy the rights of conciliation, including the legally provided leaves, without prejudice to the adaptation to the specificity of their profession, so as to facilitate continuity in the discipline of the team, including the stage of pregnancy in the case of female athletes and to make training compatible with the care of the child, including travel.”
Professional sports persons shall have the leaves provided for by law and collective bargaining agreements to attend to the minor during medical visits or school events.”
Finally, the participation of workers in the dynamics of training during pregnancy and after childbirth is encouraged:
“sports companies shall allow the worker to remain in those aspects of the team dynamics in which she wishes to participate, both during pregnancy and after childbirth, provided that this is a voluntary decision and unless it could constitute a risk during pregnancy or breastfeeding.”
Finally, the obligation to implement equality plans, which were already mandatory in organizations with more than fifty employees, is reinforced, although in this case and for the avoidance of doubt, it is incorporated in the Royal Decree regulating labor relations of professional athletes “companies in the field of professional sports activities that are legally required to develop and implement an equality plan”.
It should not be forgotten that the Labor Inspectorate is carrying out a thorough inspection work in different areas related to soccer, both in federations and in soccer clubs, having already issued several infraction reports in different cases.
It is worth remembering that the lack of equality plans is a serious or very serious offense in labor relations matters that carries penalties ranging from 626 euros to 7,500 euros and can reach up to 225,018 euros in more serious cases.
For further information on the subject, please contact Diego García Diego
Ontier LLP is authorised and regulated by the Solicitors Regulation Authority, registration number OC327289.
