Companion animal welfare and labour law: convergences and proposals

Abstract

The topic of companion animal welfare has undergone a significant rise in recent decades from different perspectives –philosophical, economic, digital-media and legal–. Law 17/2021, of 15th December, modifying the Civil Code, the Mortgage Law, the Civil Procedure Law, on the legal regime of animals, Organic Law 3/2023, of 28th March, modifying Organic Law 10/1995, of 23rd November, of the Criminal Code, on animal abuse and, above all, the Law 7/2023, of 26th March, on protection of the rights and welfare of animals are its greatest and most recent examples in the Spanish legal system. Despite this, Spanish labour law seems not to be in tune with these trends and regulatory changes.

This study critically and purposefully addresses the convergences between companion animal welfare and labour law and explores and analyzes the current legal means that Spanish labour law offers concerning this issue –also including aspects of comparative law– to finally evaluate alternatives of de lege ferenda proposals in the Spanish labour law system. It concludes with the need to legislate an employee's paid leave for the care of a companion animal, an employee's paid leave for the death of a companion animal, the objective nullity and voidance of all employer's behaviour contrary to the welfare of companion animals, as well as the employee's right to be compensated for damages (loss of profit, consequential damage and moral damage) caused by such behaviour.