Equal rights for household workers in Spain

Automatic summary, not yet reviewed

1. Household employees can now pay unemployment contributions and collect unemployment benefits, which was previously prohibited. The exclusion of this protection from the Special System for Household Employees is removed.
2. The desistimiento is eliminated, that is, the employer's ability to end the contract without giving any reason by paying compensation. From now on, the contract can only end for the common causes in the Workers' Statute or for justified causes communicated in writing, with compensation of twelve days per year of service and twenty days' notice if the relationship lasts more than one year.
3. Household employees are included in the coverage of the Wage Guarantee Fund, which pays compensation when the employer is insolvent or in bankruptcy proceedings. They also fall under occupational risk prevention rules with the same level of protection as other workers.
4. If the contract is not made in writing, it is presumed to be permanent and full time, regardless of its duration. The worker must receive information about the essential elements of the contract.
5. The law sets contribution reductions and bonuses for employers: a 20% reduction in contributions for common contingencies and an 80% bonus for unemployment and the Wage Guarantee Fund, or bonuses of 45% or 30% depending on the family's income and assets.
6. The law also includes transport measures: extra deadlines to apply for public transport aid and refunds for those who bought multiride tickets for AVANT trains between Ourense and A Coruña and Madrid-Salamanca with only a 50% discount.

Who it affects

• Household and family care workers: They gain the right to unemployment benefits, the Wage Guarantee Fund, and protection against dismissal and in health and safety equal to that of other workers.
• Families that hire a household employee: They must pay unemployment and Wage Guarantee Fund contributions, although they get reductions and bonuses on those contributions.
• Employers of people working fewer than 60 hours a month: From January 1, 2023, they take on the contribution obligations themselves; the worker can no longer do it for them.
• Public transport and AVANT train users: They have extra deadlines to apply for aid and can request refunds on certain multiride tickets.

Words worth knowing

Fondo de Garantía Salarial (Wage Guarantee Fund)

A public body that pays workers the compensation they are owed when the employer cannot pay because of insolvency.

Desistimiento (withdrawal)

A legal figure that allowed the employer to end the contract without stating any reason, just by paying compensation.

Sistema Especial para Empleados de Hogar (Special System for Household Employees)

A scheme within Social Security with its own rules for people working in family household service.

Contingencias comunes (common contingencies)

Risks such as illness or retirement, as opposed to workplace accidents.

Preaviso (notice)

The period of time the employer must give before the contract ends, so the worker can look for another job.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries