The government will approve the reform that will give domestic workers the right to contribute to and collect unemployment benefits at the Council of Ministers next Tuesday. In a legal anomaly censored from the European Union, it is something they have so far lacked. The executive thus fulfills one of its commitments initialed in the coalition agreement, but accelerated by court decisions, reaching the Official State Gazette (BOE). there now 373,121 domestic workers Who is registered with Social Security and who will benefit from this legislative change.
government’s first Pedro Sanchez he single-handedly won his first election on the promise of signing. agreement 189 The International Labor Organization (ILO), which includes explicit recognition of the work of domestic workers and obliges signatory states to provide them with relevant social protection. it wasn’t.
An important event in between: the 24 February decision of the CJEU, which criticizes Spain for unfair discrimination. A decision by Spanish courts that began to grant normal rights to any wage earner, but triggered a series of penalties hitherto not systematically imposed on domestic workers. A feminine group of people of foreign origin.
European law
For three years a pioneer domestic worker awaited his sentence Court of Justice of the European Union The (CJEU) finally agreed with him, reinforcing a doctrine that will accelerate reform that the Cabinet will approve this Tuesday. In that decision, senior magistrates ruled that Spanish regulations violated the European directive. equality on Social Security matters. And denying the possibility that domestic workers could contribute to unemployment and receive benefits if they lost their jobs was discrimination. Particularly if the group is predominantly female, this means open discrimination against a portion of the de facto female population.
leading sentence in Barcelona
Three weeks after the CJEU’s decision was made public, the 32nd Social Court of Barcelona was the first to quote the senior magistrates’ arguments on their basis. As reported by EL PERIÓDICO, a newspaper that is part of the Prensa Ibérica group, and this media outlet, the judge ruled in favor of a domestic worker who was unable to collect compensation on the grounds that his employer was unable to pay. And forced the public fund fog undertake such monetary compensation for the affected party. Thus, like every employee, the right to compensation was protected.
Failures are proliferating across the country
The next groundbreaking decision, Galicia. Just one month after the CJEU decision, a court vigo The union gave the worker the right to contribute and then receive unemployment benefits. And so far the possibility of any domestic employee making any contribution has been denied. That is, even if he wanted to and his employer agreed, EPISODE He dismissed this possibility.
Supreme courts decide in favor
High Court of Justice of Catalonia (TSJC) determines the first sentence recognizing the subsidy for the unemployed over 52 years old to a domestic worker. Until now, SEPE’s argument for denying this right was that its employees did not fill the minimum required time in their working life. And because they can’t cite, he couldn’t collect it. In its decision, published on March 25, one month and a day after the European decision, the Catalan high court recognized this subsidy for a domestic worker for the first time. And it was established as the first supreme court to rule in favor of the group. On May 30, another judgment of the same court in the same sense would be published.
Source: Informacion
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