“¡MIS SOCIOS NO ME DEJAN CONCILIAR!”. EL DERECHO A LA CONCILIACIÓN DE LA VIDA FAMILIAR Y LABORAL EN LAS SOCIEDADES COOPERATIVAS. COMENTARIO A LA SENTENCIA DEL TRIBUNAL DE JUSTICIA DE LA UNIÓN EUROPEA (SALA SEGUNDA), DE 16 DE JUNIO DE 2016

María José Senent Vidal; Santiago García Campá

Authors

María José Senent Vidal
Santiago García Campá

Keywords:

cooperatives, reconciling family and professional life, European Law, corporate relationship, labor service, maternity and parental leaves

Abstract

The paper studies the exercise of the rights of reconciling work and family life by partner people of cooperatives. The review of the judgment of the Court of Justice of the European Union of 16 June 2016 (Case C-351/14) allows to analyze three
important issues in this regard: the application of parental leave provided for in Directive 2010/18 on as the provision of work that partner and employed persons is coincidental, even though the legal relationship is corporate in the first case and
work in the second; the limits in its constitutional and legal protection, especially in the case of the right to l the working day, do not prevent prosecute the business decision that limits its exercise, particularly if it has not complied cooperative’s
internal regulations; and finally regulation in European Directives that precludes consideration of maternity leave as a type of parental leave, unlike its settings in national law.