[Spain] Strengthening rights of domestic workers

[Spain] Strengthening rights of domestic workers
27 Oct 2022

From October 1, the Spanish government is strengthening the rights of caregivers, cleaners and gardeners. Domestic workers and household helpers in the country will now be treated the same as employees in other industries, The Good Men Project reports.

As a result of the change, several hundred thousand workers will have access to social security, minimum wage pay and unemployment benefits. 

Domestic workers care for the elderly, cook for children and take care of all the work that needs to be done in the garden or around the house. Yet they ordinarily work undeclared, under precarious working conditions and have no rights whatsoever. Until recently, domestic workers in Spain reportedly led a shadowy existence without the right to social security, unemployment benefits or protection against dismissal. Happily, this has now changed.

Social security, employment protection and unemployment benefits

Prime Minister Pedro Sánchez and his government are ending discrimination against domestic workers. By issuing a decree-law to this effect, the government has put domestic workers on an equal footing with employees in other sectors subject to social security contributions.

As of October 1, domestic workers and household helpers have the right to social security, unemployment benefits and labour protection. In the future, gardeners, nurses for the elderly and household cleaners can no longer be dismissed without good cause. They will also be entitled to severance pay and unemployment benefits in the event of dismissal. Spain is now a “better country,” Labour Minister Yolanda Díaz said.

Written contracts and minimum wage

Going forward, only written contracts will be valid for domestic workers. Previously, oral contracts between employers and employees were possible if the working hours did not exceed 4 hours per week. Violators now reportedly face a fine between 625 and 6,250 euros, as part of government efforts to combat undeclared work.

With legal equality and recognition, domestic workers now have the right to the legal minimum wage. For full-time employment of over 40 hours, this total at least 1,000 euros per month.

An overwhelming majority of domestic workers are women

There are nearly 200,000 domestic workers employed in the black economy in Spain, in addition to the around 370,000 who are officially registered, according to estimates. The majority of these are women. A third of women engaged in professional domestic work are older than 55 and almost half (44 per cent) are migrant women. This is precisely why the new law is a “feminist reform,” Ms Díaz said. 

In February 2021, the European Court of Justice reprimanded the Spanish government for excluding domestic workers from unemployment insurance saying that doing so was incompatible with EU law.


Source: The Good Men Project

(Quotes via original reporting)

From October 1, the Spanish government is strengthening the rights of caregivers, cleaners and gardeners. Domestic workers and household helpers in the country will now be treated the same as employees in other industries, The Good Men Project reports.

As a result of the change, several hundred thousand workers will have access to social security, minimum wage pay and unemployment benefits. 

Domestic workers care for the elderly, cook for children and take care of all the work that needs to be done in the garden or around the house. Yet they ordinarily work undeclared, under precarious working conditions and have no rights whatsoever. Until recently, domestic workers in Spain reportedly led a shadowy existence without the right to social security, unemployment benefits or protection against dismissal. Happily, this has now changed.

Social security, employment protection and unemployment benefits

Prime Minister Pedro Sánchez and his government are ending discrimination against domestic workers. By issuing a decree-law to this effect, the government has put domestic workers on an equal footing with employees in other sectors subject to social security contributions.

As of October 1, domestic workers and household helpers have the right to social security, unemployment benefits and labour protection. In the future, gardeners, nurses for the elderly and household cleaners can no longer be dismissed without good cause. They will also be entitled to severance pay and unemployment benefits in the event of dismissal. Spain is now a “better country,” Labour Minister Yolanda Díaz said.

Written contracts and minimum wage

Going forward, only written contracts will be valid for domestic workers. Previously, oral contracts between employers and employees were possible if the working hours did not exceed 4 hours per week. Violators now reportedly face a fine between 625 and 6,250 euros, as part of government efforts to combat undeclared work.

With legal equality and recognition, domestic workers now have the right to the legal minimum wage. For full-time employment of over 40 hours, this total at least 1,000 euros per month.

An overwhelming majority of domestic workers are women

There are nearly 200,000 domestic workers employed in the black economy in Spain, in addition to the around 370,000 who are officially registered, according to estimates. The majority of these are women. A third of women engaged in professional domestic work are older than 55 and almost half (44 per cent) are migrant women. This is precisely why the new law is a “feminist reform,” Ms Díaz said. 

In February 2021, the European Court of Justice reprimanded the Spanish government for excluding domestic workers from unemployment insurance saying that doing so was incompatible with EU law.


Source: The Good Men Project

(Quotes via original reporting)

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