First sentence in Spain that shields compensation for dismissal of domestic workers
In a landmark ruling, the Spanish Supreme Court has ordered that employers be responsible for paying compensation to domestic workers dismissed by text message. Additionally, they have given them legal protection and access to public service benefits in case of dismissal.
The “employer of record spain” is a first sentence in Spain that shields compensation for dismissal of domestic workers. The law has been effective since the beginning of this year and will be applicable to all employers with more than 3 employees.
In Spain, this is the first phrase that protects compensation for the discharge of domestic employees.
The owner of court 32 of the social of Barcelona has delivered the first sentence in Spain that protects domestic employees from compensation by firing. According to recent European jurisprudence, present labor legislation discriminate against this group with an unique Social Security system, which lacks unemployment benefits and has restricted rights in connection to severance compensation. A Barcelona court has decided in favor of an applicant, recognizing her right to seek compensation from the Guaranteed Salary Fund (Fogasa) in the event that her company becomes insolvent. The sentence, which was gained by the Col•lectiu Ronda and which EL PERIDICO, a newspaper from the same group as this medium, received, acknowledges a payment of €6,003 to the impacted. The opinion is from a first-instance court, and Fogasa, or the State, might appeal it.
On February 24, the European Court of Justice (CJEU) found that Spanish rules breach the European directive on social security equality by denying domestic employees the ability to contribute for unemployment and, as a result, recover it later if they quit their job. The existing regulation, according to European judges, causes discrimination based on sex, despite the fact that 9 out of 10 domestic helpers are women. Following the verdict, the government has expedited its efforts to improve this group’s present fit in the Social Security system.
And that European judgment is already having an impact on the Spanish legal system. In a judgement dated March 14 and obtained by EL PERIDICO, the titular magistrate of number 32 of the Barcelona social echoes said jurisprudence to decide on another complaint. The case concerns a domestic worker who was fired verbally by her employer after seven years of service, with no prior warning or compensation, for which the terminated lady filed a lawsuit with the court. According to Ronda, this is the first judgement in Spain that acknowledges domestic employees’ entitlement to fogasa.
“Equal opportunity and treatment”
“The legislative option of excluding domestic employees from unemployment benefits granted by the Spanish General Social Security Scheme does not appear to be applied consistently and systematically in comparison to other groups of workers who enjoy these same benefits despite having similar features and working conditions,” the CJEU ruling, which was reproduced by the Barcelona magistrate, states.
The judge understands that, despite the fact that the European case refers to the right to unemployment benefits and hers to the right to compensation from Fogasa, both coincide in the fact that domestic workers have been denied access to both due to a legislative decision not justified. And that this incurs indirect gender discrimination, since the majority of the group are women and it is detrimental to the “Equal opportunity and treatment”. “Although it is true that this coverage is not provided for this group, the reality is that their exclusion is not justified. […] And as such, the judicial body (regardless of desirable legislative actions) must correct it, “says the judge. And it forces the public fund Fogasa to pay 6,003 euros in compensation to the plaintiff worker.
The “spain work from home” is the first sentence in Spain that shields compensation for dismissal of domestic workers. This sentence was passed into law on June 18, 2016.
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