June 1, 2020

Do domestic workers have to continue working during the tightening of the alarm state?


MADRID

Updated:

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The Government decreed this Sunday the closure of all activities considered “nonessential” to curb the coronavirus spread curve. For these purposes and from this Monday, March 30 and until next April 9, has been established a recoverable paid leave so that workers who stay at home continue to receive their wages and gradually recover the hours not performed before the end of the current year. Finally, the Government removed the domestic workers from the decree and did not expressly mention them. However, the norm casts many doubts since it is considered an essential activity carried out by people who care for the elderly, children or the disabled.

Can the housekeeper keep coming to clean my house?

The government removed the domestic workers yesterday at the last minute of the decree, so, in principle, they will have to stay at home with the retrievable paid leave. As of April 10, when the current situation is restored, domestic workers and other affected workers must recover these lost hours progressively and with the limit of January 31, 2020. The USO interprets that both caregivers as the inmates will have to continue working. For their part, from the Association of Active Domestic Service of Madrid (Sedoac) they consider that in the Government “they leave everything to the interpretation of the employer, it is not clear”.

What happens to people who care for the elderly or children?

Article 9 of the decree includes as essential the activity carried out by people who care for the elderly, minors or disabled. These people will be able to move to the houses where they work and are hired and continue to carry out their activities in the normal way.

Will employees who have been fired due to the coronavirus crisis receive unemployment?

The Government is preparing a one-month financial aid for domestic workers comparable to an unemployment benefit for all those who have been dismissed during the coronavirus crisis. In Sedoac, this aid is considered “deficient” due to its short duration and they ask that it be extended throughout the coronavirus crisis. Also, many of the employees are not registered with Social Security, so they will not have access to this subsidy. They also denounce that in the last few weeks there have been “mass layoffs” due to fear of contagion from employers.

Do I have to keep paying the person who cleans my house?

Yes, we must continue paying the same salary and paying the fee to Social Security. The hours charged and not performed will be gradually recovered from April 10. “In any case, the recovery of these hours may not lead to non-compliance with the minimum daily and weekly rest periods provided by law,” as they are reflected in the guide that the Lefebvre group has prepared.

How can I avoid the dismissal of the person I have hired to work at my home?

“In the household sector, an ERTE cannot be carried out due to force majeure, since this group does not have the right to unemployment benefits recognized,” says Sergio Herrero, Legalitas’ lawyer. “However, it is normal that a suspension of the work contract or unpaid leave can be agreed for the duration of the health crisis with the obligation of the employer to continue contributing to the housekeeper,” said Sergio Herrero, a lawyer a few days ago. from Legalitas.

What is the situation for cleaning workers in companies?

These workers may continue to go to their job. Article 18 of the last royal decree of the Executive considers cleaning services as an essential activity along with others such as maintenance, repair of urgent breakdowns and surveillance, as well as those that provide services in the collection, management and treatment of waste, among others.

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