Labor effects of Law No. 21,565 on the Protection and Integral Reparation of Victims of Femicide

On May 9, 2023, Law No. 21,565 was published in the Official Gazette under the title "Establishes a Regime of Protection and Integral Reparation for Victims of Femicide and Femicide Suicide and their Families".

This provision "aims to create and strengthen effective and necessary actions by the State for the comprehensive care and reparation of victims of femicide and femicidal suicide".

General aspects

It is indicated that, for the purposes of this law, the following shall be considered victims: the victim of the crime; the sons and daughters of the victim; other persons under the care of the victim; the mother or father of the victim's children who have the care of the latter; the current partner of the victim and, in general terms, whoever is considered a victim in accordance with article 108 of the Code of Criminal Procedure (spouse, ascendants, cohabitant, siblings, adoptive or adoptive parents).

For the purpose of determining the status of victim and with this, to be able to access the benefits established in this law, it is provided that the Ministry of Women and Gender Equity shall issue a regulation that will regulate the process of qualification of this status. The foregoing, regardless of the determination of the corresponding civil or criminal liabilities.

Among the main provisions of this law are the obligation of the State to adopt measures to facilitate the care and reparation of the victims of femicide and femicidal suicide, which will be given preferential consideration in access to social protection benefits, and the right to a pension for the children under 18 years of age of the victims of femicide or femicidal suicide.

Labor aspects

The protection of victims and their families in labor matters has been of special concern to the legislator.

In the first place, Article 8 of this norm establishes that the victims of attempted femicide will have the right to protection in the labor sphere, for which reason they will enjoy labor protection from the time of the perpetration of the act until one year later. For this reason, the eventual termination of their employment contract by decision of their employer will only proceed once it has been judicially authorized by means of the corresponding dismissal, in accordance with the provisions of Article 174 of the Labor Code.

In order to have access to this protection, the victim must have filed a report with the police or the Public Prosecutor's Office and present it to his or her employer. This information must be handled with strict confidentiality by the employer.

In addition, it is established that the victim may request the temporary adaptation of his or her functions during the term of the jurisdiction, in order to allow for his or her due reparation and protection.

Finally, this new law establishes that the appearance in any investigative or judicial proceeding of a victim as described above, when requested by the corresponding authorities, will constitute sufficient justification in the event of absence from work.

This legal alert was prepared by the Bofill Mir Abogados Labor team for informational purposes and should not be considered legal advice.

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