This is the new compensation for dismissal of domestic workers

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The government maintains the payment of 12 days worked per year with a maximum of six monthly payments, but limits these. The rest will have to pay a higher amount

Dismissing a housekeeper can remain cheap, although it will have to be justified from now on. This, along with this group’s access to unemployment benefits, is one of the major changes introduced by the new law passed by the government last Tuesday and coming into effect this Friday.

The rule published on Thursday in the Government Gazette (BOE) finally resolves the doubts that have arisen about the termination of the employment contracts of these employees, one of the aspects that had remained in the air. It was only known that the dismissal had been lifted because of ‘dismissal’, giving the employer the authority to dismiss the housekeeper without giving any reason. It was only necessary to give advance notice and pay a fee equal to 12 days per year worked, with a maximum of six monthly payments; an amount therefore much lower than that of the other working employees, who are entitled to 20 days worked per year with a limit of 12 months in the event of objective dismissal, or 33 days worked per year and a maximum of 24 monthly payments if not admissible. And with motivation of course.

Well, despite the fact that the second vice president, Yolanda Díaz, had announced that this group, the weakest link in the labor market (95% women), would be completely equal to the rest of the workers, there is a exception: the amounts they will receive if they are evicted will be the same as until now, much lower than the usual, “given the particulars of the employment relationship at home” -according to the text-, although the new law limited and obliges the family to duly justify the dismissal of their employee in writing.

Specifically, the cheap layoff of 12 days a year and a maximum of six monthly payments will be maintained for those families that justify one of three causes: the decrease in the income of the family unit or an increase in their expenses due to unforeseen circumstances, such as job loss or disability declaration by the employer; Substantial change in the needs of the family unit that justify the housekeeper’s dispensation, such as, inter alia, the taking over of the aforementioned duties by a public entity or the change in the care needs of a family member. ; as well as employee conduct that “reasonably and proportionately” justifies the loss of employer’s trust.

As now, the family that fires their employee must give her 20 days notice if the employee works for more than a year, or seven days if her seniority is less, and be entitled to paid time off. hours per week looking for a new job if you work full time.

If these three causes do not occur, the family must reimburse them under ordinary law; that is, with 20 days worked per year and a limit of 12 months in case the dismissal is objective, or 33 days worked per year and a maximum of 24 monthly payments if it is inadmissible.

Source: La Verdad

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