Social Office of the Supreme Court of Galicia at Xustiza (TSXG) In Spain, it issued a pioneering decision declaring the domestic worker’s right to receive contributory unemployment benefit, even though he had claimed it at a time when the legislation did not allow it.
The October 10 decision, published by the TSXG on Monday, states that the plaintiff is entitled to receive unemployment benefits even if the request was made before the Act came into force. Royal Decree 16/2022 Improving the working conditions and social security of domestic workers.
Supreme court recognized This woman’s right to collect unemploymentDue to the application of the gender perspective despite the fact that the legislation in force at the time of the request did not allow this and the decision of the Court of Justice of the European Union (CJEU) which led to the change of regulation in Spain.
The judges ruled that Spanish regulations excluding household employees The right to access unemployment benefits in force at the time of the incidents was “contrary to community regulations”.
In the decision, it was reminded that the woman was connected to the Special System for Household Workers until 2013. 4 August 2022, She had contributed 2,361 days to this regime and 2 days to the General Social Security Regime, but when she applied for unemployment benefits, she was denied this benefit because it has not been provided to domestic workers since the entry into force of Royal Decree 16/2022. September 9, 2022.
Social Office, the group to which the plaintiff belongs “strongly feminizedbecause women represent 95.53% of the total”.
The TSXG stated that the new regime approved in Royal Decree 16/2022 resolves the following issues: discrimination because of the benefits produced upon its entry into force, “to abandon all benefits arising from the same—and the same—previous situation.”
He also underlined the gender perspective in interpreting the regulations and the obligation arising from ECJ jurisprudence. “We are obliged to protect the workers integrated into this special system.” They lost their jobs and were left unprotected before the new regime”.
This means that TSXG judges recognized the affected person’s entitlement to unemployment benefits, according to the ruling.“even though it contributes nothing – due to legal, discriminatory impossibility”.
The decision adds: “On the one hand, it is necessary to take into account: Spanish regulations The exclusion of contributions (and unemployment) for workers integrated into the Special System for Domestic Workers is contrary to Community law as discriminatory and has not been resolved by the reform of Royal Decree 16/22. solves only the problem of the events that caused it, not the problem of previous beneficiaries after it comes into force.”
The TSXG also considers that “the interpretation of the regulations should be produced in a manner most appropriate to the gender perspective of the group discriminated against (the group of persons integrated into this particular system), as this is indisputable andThe feminine bias of its members is almost entirely; and further, in applying and interpreting the rules, judges have an obligation to do so from a gender perspective, integrating the paramount value of the legal system.”
Sentence, pioneer in SpainIt is not final as it may be challenged.