Domestic employers must set up a system that allows the daily working hours of each domestic worker to be calculated, contrary to Spanish legislation that exempts these employers from this.
The Court of Justice of the European Union (CJEU) has ruled that domestic employers have a daily registration of hours worked by domestic workers. This decision is contrary to Spanish regulations, which exempt these employers from this obligation.
The case arose following the dismissal of a domestic worker, who was unable to prove the hours worked or the salary claimed due to the lack of a time recording system, which is permitted by current legislation in Spain. Given this situation, the Spanish court consulted the CJEU on the compatibility of this regulation with European Union law.
In its ruling, the CJEU recalled that time recording is mandatory under a European directive and that excluding domestic workers from this practice is contrary to Community law by depriving them of objective tools to prove their working hours. However, it recognizes that exceptions related to the characteristics of the sector can be identified, as long as the regulatory environment is not disrupted.
Furthermore, the court points out that the lack of registration may constitute indirect discrimination on the grounds of gender, as this group of employees largely consists of women. The Spanish court will determine whether this presumption applies in this case.
Source: EITB
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