The redundancy of domestic workers will become more expensive before the end of the year

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The government will pass the law before the summer that equates this group with the rest of the workers and they will have access to unemployment

Before the end of the year, domestic workers will be equal to the rest of the wage earner. “We are going to tell the women who care about us that they will have full rights,” the second vice president, Yolanda Díaz, promised recently after Congress unanimously ratified Convention 189 of the International Labor Organization (ILO). The Labor Minister also stated that the new law that will “improve the lives” of this group, which represents the weakest link in the Spanish labor market, will reach the Council of Ministers within “a few days”.

The goal his department has set – which already has a “highly advanced” bill – is to do it before the summer so that the legislative process goes ahead, gets it approved in Congress and can go into effect “as soon as possible.” ”, safe before the end of 2023. The aim of this law is to end the historical discrimination against the nearly 400,000 members of the Home Regime, so that they have “equal rights” with the “rest of the workers “, as stated by Díaz last week.

This means that domestic workers gain access to unemployment, an old requirement, and receive a higher compensation in the event of dismissal. Because until now, firing domestic workers has been very easy and cheap. No justification is required. When the employer understands that he no longer needs the services of a housekeeper, he can terminate the contract without explanation. The cause doesn’t matter: it could be because you can’t afford those costs anymore, because the kids are grown, because you don’t like the way you work, or because you’ve found a better one.

It is only necessary to give her 20 days notice, in case the employee has worked more than a year, or seven days if her seniority is less, and pay her compensation equal to 12 days per year worked, with a limit of six monthly installments. This only happens in the special regime that this group falls into and which is considering what is called ‘dismissal by disengagement’, something that the new norm will put an end to.

This entails discrimination against the rest of the employees, whose dismissal does require justification and must be compensated with 20 days worked per year and a limit of 12 months if it is objective, or 33 days per year worked and a maximum of 24 monthly deadlines as inappropriate.

It is clear from the minister’s words that the reform of this system will also entail a more expensive compensation, comparable to that of employees. In the recently approved Statute, even the remuneration for artists has been improved.

And social contributions will also rise, because by the time this law is passed, domestic workers will have to contribute to Social Security for unemployment and to the Salary Guarantee Fund (FOGASA) for insolvency cases. However, the government is studying the formula so that it does not entail an extra cost for either the employer or the employee. According to the Minister of Social Security, José Luis Escrivá, his idea is to formulate a bonus or some other mechanism to “neutralize” this increase.

These are the two main pillars on which the reform will revolve, but they will not be the only rights domestic workers will gain. Other demands made by the group will also be included, such as their inclusion in the Occupational Risk Prevention Act – something that will soon be approved in an independent bill for feminised professions -, the right to strike and collective bargaining, recognition of their illnesses as occupational accidents and not as ordinary accidents, until their condition is monitored by the Labor Inspectorate…

There are currently just over 378,000 domestic workers registered in the system and will therefore benefit from these new rights which put them on a par with other wage earners. But not all of them are. Nearly 200,000 work clandestinely, irregularly, according to CCOO estimates, which means that they are not entitled to, for example, sick leave.

Spain is the European country with the largest number of domestic workers – representing 3% of the workforce – and accounts for a quarter of domestic employment in the EU, according to Eurostat data. This group consists mainly of women (88% of the total), almost 30% are older than 55 years and more than 43% are immigrants. In addition, more than half have a part-time contract.

Source: La Verdad

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