Good job
One of the key elements behind the approval is the focus on female employees. Terms that ensure fair and decent work are put front and center to uphold human rights without discrimination, including gender-based bias.
Congress ratified the treaty protecting domestic workers, recognizing their right to collect unemployment
Domestic workers previously did not have unemployment rights. The Court of Justice of the European Union has already ruled that this omission was discriminatory and inconsistent with European law, because these workers did not receive the same protections as others in different jobs.
They also gain the freedom to form associations and unions, the right to collective bargaining, and measures to eliminate forced labor and child labor.
Written contract
This transparency is a right they will also win, ensuring workers are informed with clear, truthful, and understandable employment terms documented in a written contract aligned with national law or applicable collective agreements.
The contract should include details about working days, paid holidays, breaks, where work takes place, start date, contract duration, the type of work, wages, and payment frequency.
Return
The agreement regulates return conditions and safeguards the freedom of migrant domestic workers to negotiate with the employer at the end of the contract. It covers housing, residence, rest periods, and the safekeeping of travel and identity documents.
Each member state will determine, through law or policy, the conditions under which migrant domestic workers may be repatriated if the contract ends or is terminated, and the nature of the jobs they are employed in.
Agreement and protection with the employer
Employees have the right to freely decide whether to live in the household where they work and to determine where they will stay during rest or leave, without being forced to remain at home or accompany their employer during breaks. They will also retain the right to keep travel and identity documents.
Additionally, there is a push to eliminate arbitrary dismissals and ensure fair compensation when termination is justified by legitimate reasons, with general safeguards against unfair treatment.
Protection and compliance
The agreement offers protection against exploitative practices by private employers or agencies. In cases of larger disputes, workers must have effective access to courts or other dispute resolution mechanisms on terms that are not less favorable than those provided to other workers.
Member states are urged to establish accessible channels for formal complaints to ensure compliance with national legislation. There is also a call for more inspections to guarantee the rights and conditions outlined in the agreement.
Happiness among MPs
Following parliamentary support, various political parties celebrated the approval and pressed for the swift development of the necessary regulations to guarantee compliance. A deputy from the party in government remarked, This is a matter of justice and dignity. Domestic and care workers, along with feminist groups, described the moment before the Congress of Deputies as a historic victory.
Deputy Vice President and Minister of Labor remarked that once approval is enacted, legislation will be introduced to equalize workers’ rights by granting access to unemployment benefits. Data from the Ministry of Inclusion, Social Security and Migration show that this initiative involves a significant number of people, with the majority being women.