Domestic workers, a step forward in their rights

Today, September 8, Royal Decree-Law 16/2022, of September 6, for the improvement of the working and Social Security conditions of domestic workers, was published in the BOE.

The norm aims equate the working and Social Security conditions of family home workers to those of other employed workers to end the historical discrimination of this feminized group.

Therefore, the equation with employed persons is resolved both in the scope of the system terminating the employment relationship and in that of unemployment benefits.

The protection of the safety and health of people working in the family home will also be guaranteed, equivalent to that of any other working person, essential not only to ensure the equalization of conditions required by the anti-discrimination regulations of the European Union and Convention 189 of the ILO, but also to guarantee the constitutional right to health that corresponds to all people.

• Coverage in the area of ​​salary guarantee is provided to domestic service workers in cases of insolvency or bankruptcy of employers.
• Domestic workers are no longer the only labor group that lacked protection in unemployment situation Although the majority have part-time and intermittent employment relationships, Article 251 is therefore modified – with the deletion of letter d) – of the consolidated text of the General Social Security Law, so that unemployment is not excluded from the protective action of the Special System for Domestic Employees.
• It will be mandatory to contribute for unemployment and Salary Guarantee Fund(FOGASA) starting October 1. So that these contributions do not represent an additional financial burden for employers, they will be entitled to a  80% bonus  in business contributions to unemployment contributions and FOGASA in this Special System
• It maintains the 20% reduction in business contribution  to the quote for common contingencies corresponding to this Special System. In addition, the bonus sections greater than 20% will be increased, depending on the composition of the household and also the levels of income and assets, which will allow the number of beneficiaries to increase. The requirements for these bonuses will be established by regulation..
• In addition, the Royal Decree-Law also establishes that employers will assume the obligations in quotation matter for workers who provide their services for less than 60 hours/month per employer, eliminating the possibility of workers directly requesting their affiliation, registrations, cancellations and data variations.
• The figure of withdrawal is eliminated, that allowed dismissal without cause and, therefore, without the guarantees of dismissal for such situations by allowing domestic workers to be dispensed with without justifying any cause. From now on, the reasons that may lead to the termination of the contract with the employees must be proven, therefore extending protection against dismissal.
• The standard also establishes the commitment to create a study commission whose objective is the inclusion of the gender perspective in the list of diseases so that the deficiencies that exist in the field of protection against occupational diseases of jobs carried out mostly by women are identified and corrected.