The Barcelona social court magistrate number 20 delivered a ruling in favor of an internal caregiver who became pregnant while employed, choosing to quit to avoid losing his job, yet still being dismissed by the family for whom he worked. The plaintiff lacked a formal contract and earned the minimum wage for a day that was effectively extended by social and labor norms. The verdict notes the worker’s prolonged lack of placement and the dismissal occurred three days after she disclosed a miscarriage. Despite recognizing violations of fundamental rights in the decision, the compensation awarded to the worker was modest, set at 1,000 euros for the plaintiff’s limited seniority, according to reporting from El Periódico.
Events trace back to the onset of the coronavirus emergency period. On March 15, 2020, the plaintiff began employment as an internal caregiver for an elderly Granollers resident, hired without a work permit by the daughter of the elderly woman, categorized as an internal assistance role. The schedule stretched from seven in the morning to eleven at night, six days a week, totaling roughly 80 hours per week. The duties included cleaning, personal care, ironing, cooking, and aiding mobility-impaired needs, all for about 1,000 euros per month.
The decision documents show a clear timeline: the employment began on 15 March 2020, and the dismissal occurred on 25 May 2021, just over a year later. In communications, the plaintiff describes facing an impossible choice between maintaining employment and keeping a pregnancy. She expressed a desire for an apology, indicating that she felt betrayed by the trust placed in her by the family. The message was conveyed to the daughter of the elderly woman via WhatsApp, illustrating the personal dimension of the dispute.
The employer’s initial response aimed at conciliation, attempting to reassure the worker that she need not fear dismissal. A message from the employer suggested they would discuss matters the following Tuesday and that there should be no anxiety about losing employment. Three days later, in the family home, the employer effectively informed the worker not to return the following day, firing her. The dismissal occurred in the internal category B, with the family failing to provide a formal written notice and lacking the legally required prior notice. With the recent reform of domestic workers legal conditions, such dismissals now demand a written justification, and when not contested, can trigger the maximum compensation described in the Workers’ Statute, which is 33 days per year worked.
Compensation and retroactive amounts
The worker relocated her belongings and sought counsel at the Catalonia branch of the CCOO, receiving guidance throughout the process, and ultimately securing a favorable court ruling. The magistrate concluded that the decision to terminate the employment relationship stemmed from the plaintiff’s pregnancy, constituting a violation of fundamental rights and indicating the company fired the worker because of her gender.
Key evidence included WhatsApp messages and photographs taken with a mobile device, which the family had presented in court to deny the employment relationship. The magistrate criticized this denial as illogical given the context and noted that during the height of the COVID-19 lockdowns, a mobility-impaired 87-year-old woman at home with a caregiver in a difficult situation could be expected to rely on trusted support. The sentence reflected skepticism about the family’s account and underscored the importance of documentary proof in cases involving labor relationships and discriminatory termination.
Despite the gravity of the discrimination claim and the trauma associated with losing a pregnancy due to job insecurity, the judge limited the compensation to 1,000 euros for the plaintiff’s lower seniority. In addition, retroactive fees brought the total to 16,742 euros. The ruling demonstrates how civil remedies operate within the bounds of seniority and the legal framework governing domestic workers.