Workers have the right to be granted by the company a 15-day paid permit to participate as a candidate in an electoral campaign
DOI:
https://doi.org/10.24310/rejlss9202419718Keywords:
paid leave, inexcusable public and personal duty, electoral campaign, passive suffrage, discrimination, Law 15/2022Abstract
For now, art. 37.3.d) of Royal Legislative Decree 2/2015, of October 23, which approves the consolidated text of the current Workers’ Statute Law (ET) contemplates that: “The worker, with prior notice and justification, may be absent from work, with the right to remuneration, for any of the reasons and for the following time: d) For the time essential, for the fulfillment of an inexcusable duty of a public and personal nature, including the exercise of active suffrage. When a specific period is stated in a legal or conventional norm, it will be subject to what it provides regarding the duration of the absence and its financial compensation.” The question, therefore, focuses on finding out whether it can be understood as an inexcusable duty of a public and personal nature that a worker, with the status of candidate of a political organization, can enjoy paid leave to actively intervene in an electoral campaign.
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