The Government will give families 80% of the new fee, but this will mean an extra of up to 12 euros more per month
Point and end to the historical discrimination suffered by domestic workers and that recently the Court of Justice of the European Union ruled that it was illegal. From now on, this group will have practically the same rights as another employee, they will begin to contribute for unemployment – although it will take a year for them to collect the contributory benefit – and their dismissal will no longer be so quick, easy and cheap. The Council of Ministers approved this Tuesday a royal decree law that substantially improves the working conditions of the more than 370,000 women who work in domestic service (in women, since they make up 95% of the affiliation in this sector).
"Spain is today a better country," boasted the second vice president, Yolanda Díaz, at the subsequent press conference. And even she did not hesitate to ensure that this "conquest of rights" by the "greatly forgotten" of the labor market is the "most important initiative" launched by her department in the legislature. And that reforms as important as labor, pensions or different increases in the interprofessional minimum wage have been approved, among many other far-reaching measures such as the implementation of ERTEs and aid during the pandemic.
One of the great novelties of the new rule is that from October 1 it will be mandatory to contribute for unemployment and Fogasa (the social guarantee fund that takes care of compensation when there are insolvencies), both for the employer and for the worker , which will imply a greater tax effort for both. The new unemployment contribution will be 6.05% of the regulatory base, of which 5% will be paid by the employer (families) and 1.05% by the worker.
The Government, however, will reward families with 80% of this new contribution, but even so, those who have a full-time maid at home will have to pay 12 euros more per month for this new fee, an extra that will be close to 18 euros per month starting in January, when the new intergenerational equity mechanism (MEI) comes into force to deal with the 'baby boom' of pensioners in the coming years. This rise in contributions will be made ex officio from Social Security, so that households will not have to carry out any paperwork.
The new rule will include a new table of sections of the contribution bases based on salary, with the aim that "jumping from one to another is easier", especially in the lowest ones, sources from the Ministry explained to this newspaper. of Social Security.
The Executive will maintain the current reductions and bonuses now existing for employer households; everyone enjoys a 20% reduction in the business contribution to the contribution for common contingencies, which can rise to 45% in the case of large families. However, Díaz advanced that within six months the number of beneficiaries with bonuses above 20% will increase, since they have promised to publish a regulation in which the reductions will increase depending on the type of family, income levels and heritage.
In addition, the royal decree also establishes that employers will assume the obligations in terms of contributions for workers who provide their services for less than 60 hours per month per employer, eliminating the possibility that the workers are the ones who directly request their affiliation, registrations , cancellations and variations of data.
For their part, domestic workers will also pay a little more monthly fee but will be able to access “all the care benefits available today in the labor legal system” at the time they generate the right to do so. The first contributory unemployment benefits will be generated after a year, but after 90 or 180 days, depending on the age and family responsibilities of each worker, the right to unemployment benefits may be generated, by application of the general rule.
The other great novelty of the new law is about the dismissal of these workers. Thus, the figure of withdrawal is eliminated, which allowed dismissal without justifying any cause and for little money. From now on, the reasons for the termination of a contract must be proven and the ordinary regulations regarding dismissal will be applied to them, although there will be “some peculiarities”, related to the change in the needs of the family unit (for example, if the children grow) or changes in income or expenses (if one of the parents becomes unemployed.
On the other hand, the Government will develop training and accreditation policies for domestic employees dedicated to the care or attention of people who are part of the domestic and family environment. These initiatives will take into account the particular working conditions in this sector and the workers who carry out their activity in it.
The norm also establishes the commitment to create a study commission whose objective is the inclusion of the gender perspective in the table of diseases so that the deficiencies that exist in the field of protection against occupational diseases of women are identified and corrected. jobs performed mostly by women.