New law on labor rights and social security for the benefit of domestic workers in Spain

More than 370,000 domestic workers in Spain will benefit from a new law aligning their labor and social security rights with those of other salaried workers.

The regulation will enter into force on October 1, 2022 and will have a significant impact on women, given that they represent 95% of the sector, according to the Spanish Minister of Labor and Social Economy, Yolanda Díaz.

Trade unions and domestic workers’ groups have been calling for the resolution to be passed for decades and crafted it with the Spanish Council of Ministers.

The decree provides for Spain’s ratification of the International Labor Organization (ILO) Domestic Workers Convention, 2011 (No. 189). Among the main changes introduced by the decree are the recognition of the right to unemployment benefits and protection in the event of insolvency or bankruptcy of the employer, through the Wage Guarantee Fund (FOGASA).

It also guarantees domestic workers the right to health and safety protection equivalent to that of any other employed person.

The new law also abolishes the possibility of dismissing these workers without just cause and puts in place a commitment to study gender-based occupational diseases, thus applying some of the provisions of the ILO Convention on Violence and Harassment, 2019 (no. 190) on this subject. band. (Convention No. 190 was ratified by Spain in May this year).

A final objective is to compensate families for the increase in their contributions that will result from the granting of these benefits to domestic workers. To do this, employers will benefit from an 80 per cent reduction on their contributions to unemployment benefits and FOGASA.

The modifications will be financed by the State Public Employment Service (SEPE) and new regulations to adapt this discount to family characteristics and income will be established over a period of six months.

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