Reform completed by the Ministry of Labor For domestic workers, the regime will impose limitations on their arbitrary dismissal by their employers.. This was announced this Thursday by second vice-president Yolanda Díaz, who is confident she can close “as soon as possible” this reform, which will have to go through the Congress of Deputies process and will also include right and left government rights. unemployment benefits and protective compensation for termination, among others. Díaz has also developed the “instant” implementation of an algorithm to control overtime in companies, particularly unpaid hours.
“We will go to the recognition of the dismissal, the action of withdrawalvery deep debate”, Díaz declared in his speech to Congress this Thursday. Domestic workers are currently under a special regime, according to which the employer has the option to use the “withdrawal” option, which includes the possibility of dismissal of the worker for more than one year, justification of the reason for dismissal, if the seniority is low, if he has worked for seven days, but with 20 days’ notice. And with a payment of 12 days per year worked with a limit of six months.Yeah
This is an arbitrary dismissal that the employer can resort to without justification, either because he does not want to pay more for the service, the employee does not like his job, or for any reason. This constitutes a comparative offence with other employees because in the case of any other employee the employer has an obligation to justify the dismissal for economic or organizational reasons. if not Working the cost of an unfair dismissal with a pay limit of 24 months, which is more expensive and pays 33 days a year.
How this right of withdrawal will be reformed is something the second vice president has not explained. Some of the options you have at the table are to increase or outright suppress compensation, notice period and, among others, consider the assumption in question unacceptable. The government’s action in this matter depends on court decisions. European justice ruled a few months ago that Spain unfairly discriminated against domestic workers by, among others, denying them the right to unemployment benefits.
And Spanish courts are already applying that case-law. For example, as reported by El Periódico de Catalunya, the TSJC has already recognized subsidies for a domestic worker over the age of 52 or has increased its compensation guarantees should the employer declare bankruptcy. others. The Ministry of Labor has not yet completed collecting these case-laws within its legal framework and raising other issues, as previously committed.
Algorithm against overtime
The second vice-president also suggested that next week he will announce the results of the expert commission to the public. algorithms in labor relations in Spain. This was one of the so-called Rider law commitments that required home delivery people to receive a salary and allowed any workers to ask their company if they were using any algorithms to organize work, and if so what repercussions there were. what parameters did you use?
The publication of these results could coincide with the implementation of the algorithm so that the Labor Inspectorate can more efficiently prosecute fake overtime at companies. As El Periódico de Catalunya reports, non-compliance with time control regulations is evident, and half of the companies do not pass an audit on this issue, even after three years with the regulations in force. This means that, according to the latest data from INE, 27 million overtime hours are worked each month, of which around 40% are unpaid.
In connection with the ‘equestrian law’ Díaz, glovo, the main digital home delivery platform operating with a fleet of mostly self-employed deliverers. “Glovo or whatever it is called companies that do not comply with the legislation will fall under the weight of the legislation and Labor Inspection as we do.”