The Social Office of the Supreme Court of Galicia at Xustiza in Spain issued a landmark ruling granting a domestic worker the right to unemployment benefits, even though the request was filed before the relevant law allowed it.
In the decision published on a Monday, it was stated that the beneficiary is entitled to unemployment benefits despite the claim having been made prior to the act taking effect. The ruling references Royal Decree 16/2022, which aimed to improve the working conditions and social security of domestic workers.
The court recognized the claimant’s right to collect unemployment benefits by applying a gender-aware interpretation and by taking into account the broader guidance from the Court of Justice of the European Union that influenced changes in Spain’s rules.
Judges found that the Spanish rule excluding household workers from unemployment benefits at the time of the incident violated community law.
The decision recalls that the individual was connected to the Special System for Household Workers until 2013. By August 4, 2022, she had accumulated 2,361 days in this regime and two days in the General Social Security Regime. When she sought unemployment support, the benefit was denied because domestic workers were not covered under the new regime since Royal Decree 16/2022 came into effect on September 9, 2022.
The Social Office, to which the plaintiff belonged, is strongly feminized, with women making up 95.53 percent of its workforce.
The TSXG noted that the new regime established by Royal Decree 16/2022 addresses earlier discrimination by treating all benefits consistently with the previous situation, rather than creating a gap for beneficiaries who suffered a lapse in protection.
The court highlighted the gender perspective in interpreting the regulations and the obligation arising from ECJ jurisprudence to protect workers in this specialized system. It underscored that those who lost their jobs were left without protection prior to the new regime.
This ruling implies that the affected individual is entitled to unemployment benefits without regard to prior contributions, where a discriminatory barrier had previously stood in the way.
The decision adds that Spanish regulations ultimately excluding contributions and unemployment for workers in the Special System for Domestic Workers contradict Community law, and the reform under Royal Decree 16/22 does not resolve past cases for beneficiaries once the new regime is in force.
It also stresses that the interpretation of the rules should align with the gender context of the discriminated group, whose members are predominantly women. The court emphasizes that judges must interpret and apply the rules through a gender-aware lens, acknowledging the fundamental values of the legal system.
The ruling, described as a pioneer in Spain, is not final and may be challenged in subsequent proceedings.