The Council of Ministers has approved this Tuesday the royal decree that recognizes unemployment for domestic workersthus guaranteeing a right that has been claimed by this group for decades and also by other institutions such as European justice and the International Labor Organization (ILO).
“From today they will have the right to contributory unemployment benefit and all assistance benefits that are in force in the labor legal system”, highlighted the second vice president and Minister of Labor, Yolanda Díaz, at the press conference this Tuesday.
The minister, who has assured that the norm “allows us to have a better country today”, has detailed the norm by which it will be obligatory contribute for unemployment and to the Salary Guarantee Fund (Fogasa) as of October 1, while their working conditions are improved in terms of contracts, dismissals and job security. “Thanks to the coalition government, women domestic workers win their rights in the full sense,” she celebrated.
The rule affects the more than 370,000 affiliated domestic workers, according to the latest Social Security data, and eliminates the possibility of dismissal without just causeby suppressing the figure of “withdrawal” in the regulation of the sector.
Likewise, domestic workers are incorporated into the right to occupational risk prevention, as well as training, since, for Díaz, it is a group that increasingly requires “greater specialization, more educated women.”
“Yolanda Díaz, Minister of Labor and Second Vice President of the Government: “From today they will be entitled to the contributory unemployment benefit and all the assistance benefits that are in force in the labor legal system”https://t.co/vVRqw1kiba pic.twitter.com/qJzZS4Rq8i“
— RTVE News (@rtvenoticias) September 6, 2022
Unemployment contributions subsidized at 80% for employers
The regulation tries to equate the rights of these employees with those of the rest of the workers, but taking into account their “peculiarities, since employers are not ordinary”, the minister explained.
Thus, employers will be entitled to a 80% bonus in business contributions to unemployment contributions and FOGASA. Likewise, the 20% reduction in the business contribution to the contribution for common contingencies is maintained.
These bonuses can rise to 45% for large families, as before, but also to other households according to their income and wealth levels. The details will be developed in a regulation in the next six months, together with the Ministry of Inclusion and Social Security, explained Díaz.
In this sense, the Government spokesperson, Isabel Rodríguez, has indicated that the decree gives “dignity” to these employees, while continuing “on the path of helping in the co-responsibility and conciliation of working families”. Thus, she has ensured that, thanks to the contributions, this unemployment benefit “it will not imply a higher cost for most families”since it is the “middle class” who come to these services to care for their children or the elderly while they work.
Older and foreign women
Both Díaz and the Government spokesperson, Isabel Rodríguez, have insisted that it is a sector in which they work mostly women (95%, according to their data), which in addition many are over 55 years old and foreigners. Another characteristic of the sector is precariousness, according to the Ministry, since more than half work part-time.
“Eight out of ten women have ages that make it difficult to perform their tasks”, has specified the Minister of Labor. Also, 44% are foreigners, with Colombia, Romania and Honduras being the main countries of origin. In Spain, the territorial distribution of the sector is also “profoundly unequal” and 27% is concentrated in the Community of Madrid.
Thus, finally, the Government has committed itself to creating a study commission to include the gender perspective in the framework of occupational diseases related to jobs performed mostly by women. “We are correcting the discrimination of the legislator (…) who has chosen to consider that there is a devaluation of the work carried out by women,” said Díaz.
End “an absolutely unacceptable injustice”
The President of the Government, Pedro Sánchez, advanced the measure before Monday during an act with citizens in La Moncloa to open the new political course and in response to a worker in this sector. “I want to announce to you, Almudena, that tomorrow we are going to approve the rule that guarantees unemployment benefits for domestic workers,” she stressed.
Previously, this domestic worker raised with the President of the Government that the conditions of domestic workers must improve and have more security. “We demand labor rights and equalityas is the right to strike,” he snapped at Sánchez.
Precisely in 2021 it was a decade since the signing of ILO Convention 189, ratified by 32 countries and which promoted the adoption of measures that equalize the labor rights of female employees to those of other workers in matters such as risk prevention, dismissal or unemployment protection. From his office in Spain, he regretted the absence of our country where, according to the organization, “a third of the nearly 700,000 domestic workers continue to be without social protection“.
According to Sánchez, with the approval of this measure, This will put an end to “an absolutely unacceptable injustice”, while the Government is “coherent” with its commitments adopted at the beginning of the legislature. “We recognize the labor dignity of different groups that have been neglected for many years and we assume as our own and make a mandate of the ILO a reality”, concluded the president.
Already in March 2020, due to the pandemic, the Government approved the creation of an extraordinary subsidy for domestic workers, which they were able to access in an extraordinary way if they became unemployed or saw their working hours reduced during the crisis. .
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