Domestic Staff In Spain To Have Same Rights As Other Workers Under New Legislation

More than 370,000 registered domestic staff in Spain will have the same rights as other workers and greater job security the government has announced.

Under the new laws which are expected to be approved by the Council of Ministers on September 6, a worker will no longer be able to be dismissed without a good reason, which up until now, has been an issue in Spain.

The new law will also mean that domestic staff who have been paying into the social security system for at least 12 months will be able to claim unemployment benefits which have not previously been available.

Previously, a domestic worker could be dismissed without reason and given just 20 days' notice if they had been employed for more than a year, and just seven days' notice if employed for less.

Compensation packages were also very low with workers entitled to the equivalent of just 12 days' pay for every year worked, up to a maximum of six months' salary.

However, the new legislation will mean this practice will come to an end with domestic staff rights brought into line with those of other workers.

This would mean that domestic workers would receive the equivalent of 20 days' pay per year worked up to a maximum of 12 months' salary. In cases of unfair dismissal, a worker could claim up to 33 days' of pay per year worked with a maximum of up to 24 months' salary.

Spain’s Deputy Prime Minister, Yolanda Diaz said of the new law, “Tomorrow is going to be a big day for our country. We are going to give domestic workers the right to unemployment benefit and exactly the same rights as any other worker”.

Spain’s Prime Minister, Pedro Sanchez confirmed the move, saying that it will put "an end to an absolutely unacceptable injustice".

The decision follows a ruling by the European Court of Justice in February, that established Spanish law to be discriminatory as it did not recognise the right to unemployment benefit for a group which is made up predominantly of women.

According to the Spanish Trade Union CCOO, there are thought to be around 200,000 people working illegally as domestic staff in Spain. This means that they are prevented from accessing the same rights enjoyed by other workers including time off for sickness.

Spain has the largest number of domestic workers within the European Union representing 3% of the country’s workforce. The group is composed of around 88% of women with 30% over the age of 55. Another 43% are thought to be immigrants.

Source

https://www.lamoncloa.gob.es/presidente/actividades/Paginas/2022/050922-sanchezcurso.aspx
https://www.surinenglish.com/spain/domestic-staff-job-security-20220905185557-nt.html
https://www.elcomercio.es/economia/trabajo/gobierno-aprobara-manana-20220905123701-ntrc.html