In more detail
As discussed in our previous newsletter, the Marriage Equality Law includes a catch-all provision specifying that spouses who legally register their marriage will be entitled to rights and subject to obligations under any laws and regulations that establish the rights and obligations of a husband and a wife or spouses, regardless of whether the terminology used in those laws is updated to align with the Marriage Equality Law. By replacing gender-specific terms such as "a man and a woman" with "two individuals" and the term "husband and wife" with "spouses", the Marriage Equality Law ensures that all individuals have the same fundamental rights in marriage under the Civil and Commercial Code, regardless of their biological sex.
Although the Marriage Equality Law does not explicitly require employers to provide equal marriage benefits, from an HR management perspective, employers should recognize spouses who legally register their marriage under this law. Employers should ensure that their policies support equal marriage, protect employees from harassment and discrimination, and proactively ensure that all employees are included and integrated into the organization equally, regardless of their gender identity.
In light of the new law and the increasing importance of inclusion, diversity and equity as key aspects of the ESG framework, which are shaping organizations globally, employers should consider several actions. These include revisiting HR policies, procedures, and benefits to ensure they align with the Marriage Equality Law and related provisions, such as deciding whether to extend benefits and protections to spouses under this law, and ensuring there are available channels for employees to raise any concerns related to these changes.
Additionally, a company could also consider offering benefits beyond the legal requirements, such as personal leave, adoption benefits and leave, support for gender affirmation surgery, or assistance with alternative reproductive services, while ensuring these benefits comply with the existing legal framework.
We will keep you informed of further developments on this issue. Meanwhile, if you have any questions, please let us know.
