End to dissuasive dismissal for domestic workers. This year of 2023 is marked as a milestone in terms of labor rights for domestic workers who, let’s remember, can already collect unemployment benefits minus 360 days of contributions when their contract ends. And it is that, as incredible as it may seem, it was not until last year when access to unemployment was achieved for this sector of domestic care professionals. But there is still more.
The Government of Spain, at the request of the Ministry of Labor and Social Economy, led by Yolanda Díaz, succeeded Royal Decree-Law 16/2022, of September 6, which improves the working conditions of this group, which throughout history has been especially vulnerable, after the ratification of Convention 198 of the International Labor Organization (ILO). As of October 1, 2022, employers who will hire a domestic worker and decide to end the employment relationship must justify the causes of the contract termination. This implies proving the objective reasons that put an end to the employment contract and
End to dismissal without justification and without compensation for this sector
At the end of last year, the Executive of Pedro Sánchez put an end to the figure of termination of the employment relationship by withdrawal, which until then allowed the contracted person to be dispensed with without justifying any cause. From October 1, 2022, the reasons for the termination of the contract must be proven, which implies the right to the compensation that may correspond. In any case, the settlement is 12 days for each year worked with a maximum of six months, that is, one day for each month worked.
In addition, the deadlines established for notice must be met. If the provision of services had lasted more than one year, the worker must grant a notice period of at least twenty days from the date the decision to terminate was communicated to the worker. In all other cases, notice will be seven days.
During the notice period, the person who provides full-time services will be entitled, without losing their salary, to a leave of six hours per week in order to seek new employment. Likewise, the employed person may substitute the advance notice for an indemnity equivalent to the salaries corresponding to the notice period.
How to fire a domestic worker in 2023
The norm established by Royal Decree-Law 16/2022, of September 6, specifies qualities are some of the causes that can justify the termination of the contract:
The decrease in the income of the family unit or increase in its expense due to an unforeseen circumstance, such as, for example, the loss of work or the declaration of incapacity for work of the employer. The substantial modification of the needs of the family unit that justify the dispensation of the household worker, such as, among others, the assumption of the aforementioned tasks by a public entity or the change in the care needs of a member of the family unit.
