News 2022 of the right to unemployment of domestic workers

normative analysis of the right to unemployment of domestic employees
Right to strike for domestic employees

At the beginning of the month of September of this 2022, there were important developments in relation to the right to receive the unemployment benefit of domestic employees, better known as the unemployment of domestic workers.

Since it was approved in one of the first Councils of Ministers this month, domestic workers have recognized the right to receive unemployment benefit if they meet certain requirements. Likewise, From October 1, 2022 it will be mandatory for domestic workers to contribute for unemployment and to FOGASAthus equating their rights with those of other workers, since we must not forget that this sector was the only one without this right to unemployment in Spain.

  1. Right to unemployment of domestic workers: main novelties
  2. Who pays the contributions?
  3. Do you need to consult with an attorney?

Right to unemployment of domestic workers: main novelties

The novelties are collected in the “Royal Decree-Law 16/2022, of September 6, for the improvement of working conditions and Social Security of workers in the service of the home”.

Article 3 of said Royal Decree Law stipulates the abolition of article 251.d of the General Social Security Law, which, in short, means that the rule that prevented this group of workers from being able to contribute for unemployment and to FOGASA, a circumstance that the rest of the workers in Spain had recognized until then. In this way, with the elimination of said section, domestic workers equalize their rights in terms of unemployment with the rest of the workers.

This article 251.d of the General Social Security Law, now abolished, established the following: "d) The protective action of the Special System for Domestic Employees shall not include that corresponding to unemployment."

Likewise, with this RDL 16/2022 the figure of withdrawal is eliminateda circumstance that until then allowed employers to dismiss domestic workers without justification. With this new regulation, in order to be dismissed, the reasons for said termination of the employment contract must be justified, which ultimately means protection against the dismissal of this group of workers, since now the ordinary regulations on dismissal will be applied to them, with the specialty that for FOGASA to take charge of compensation for insolvency of the employer, the legislation refers to the regulations to benefit from the Second Chance, which is logical since in these cases those who hire are not companies, but people physical.

Who pays the contributions?

As with the rest of the workers, it will be the employers, in this case the families, who must assume a large part of these contributions, although the worker must also contribute to Social Security.

Thus, it has been established that until the end of this year, the contribution rate will be 6.05%. Of this, 5% will be assumed by the families and the rest by the working person. Despite this, important bonuses have been established for employers who now have to contribute for their employees in the domestic sector.

Do you need to consult with an attorney?

At we offer you our legal video consultation service, so that, for a small fee, for 30 minutes, one of our labor lawyers advises you and resolves your doubts related to your work.

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