Legal reform of domestic workers, likely to be published this Wednesday by the Official State Gazette (BOE) retains the majority of available compensation amounts before that. The new rule limits the reasons and henceforth obliges the employer family to duly and in writing justify the dismissal of their worker, which constitutes an additional shield and greater guarantee for their workers and reduces the high vulnerability they have ever been exposed to. However, the amounts to be paid by a household that decides or is forced to do without an employee will in most cases be the same and not equal to the remaining employees of the general regime.
The main legal innovation – in addition to the mandatory unemployment contribution, which will begin on October 1 – suppression of ‘withdrawal’. This was a figure for domestic workers only, which allowed families to lay off employees without explanation. With only minimal notice and associated compensation, they had to claim that they had lost their trust: they worked 12 days a year, with a maximum of six months’ pay.
Exactly the same amount families will have to pay now new grounds for dismissal enabled in the new reform. The final draft, which reached the Cabinet last Tuesday, includes three details: first, a reduction in income for the family unit or a “sudden” increase in expenses. For example, if one of the household members loses their job or has to enter someone else in a private residence. The second is “significantly changing the needs of the family unit”. For example, the person cared for by the domestic worker dies and their services are no longer needed. And the third is a “loss of trust” in the employee, which can be based on “reasonably and proportionately“, According to text.
The first will be assimilated and compensation will be paid to the objective dismissal of employees of the general plan. He worked 20 days a year. The latter would be equivalent to dismissal for organizational reasons, compensated by working 20 days a year. In other words, domestic workers will earn less in both cases. And third, the discipline that does not require compensation in the case of the general regime would be similar to dismissal. Here they would get paid more than the rest of the workers, but it was more lax, which at the expense of causing them to terminate their contracts.
7 to 12 days notice
Separate compensation, the family who decided to terminate the employee, inform and justify your employee in writing and give advance notice Many of a few days? If you have been working for less than a year, the notice period is seven days, and if you have been working for more than one year, this period is increased to 20 days. If the dismissed person is full-time, he will be entitled to six hours of paid leave per week to look for a new job, which was already available under the previous legislation.
The working family can replace this prior notice with a payment equivalent to the days worked. what could it be a problem especially for internals, Those who sleep at the address where they work, because the family, by paying, can leave the worker on the street in the morning without this guaranteed place to sleep at night.
Source: Informacion
Christina Moncayo is a contributing writer for “Social Bites”. Her focus is on the gaming industry and she provides in-depth coverage of the latest news and trends in the world of gaming.