ElRoyal Decree-Law 16 / 2022 , of 6 September, for the improvement of the working conditions and Social Security of domestic workers aims to equate the working and Social Security conditions of family domestic workers with those of other employed persons.

Considering that the majority of domestic workers are women, the adoption of this law represents an effective and essential step towards the realization of gender equality in the world of work and in the effective exercise of equal rights and protection of women before the law.

It is consistent with the principle of equal treatment and opportunities in access to employment, vocational training and promotion, and working conditions.

Obligation to contribute to unemployment

ElRoyal Decree-Law 16 / 2022 , of 6 SeptemberIt determines that unemployment benefit will be part of the protective action of the special system of employed persons in the household.

The unemployment contribution will be mandatory for employed domestic workers from the beginning of the year. 1 October 2022 .

The contribution bases for unemployment will be those corresponding to the contingencies of accidents at work and occupational diseases.

The applicable quote type between the 1 September and the 31 December 2022 , it will be 6 , 05 percent, of which 5 percent will be in charge of the employing person and the 1 , 05 percent at the expense of the employed person.

As of January of 2023 the quotation will be made in accordance with the provisions of the corresponding Law of General Budgets of the State.

Legal situation of unemployment

A worker employed in the household whose employment contract is terminated by written communication from the employer shall be legally unemployed and must clearly and unequivocally state:

The willingness of the employer to terminate the employment relationship and

The cause for which the employment relationship is extinguished.

The employment relationship may be extinguished, in addition to the expected causesfor other groups of working persons, for any of the following reasons, provided that they are justified:

(a) Decrease in income from family unitor an increase in their expenses. For an overcoming cause.

b) Substantial modification of the needs of the family unit that justify being able to dispense with the domestic worker.

c) Pérdida de confianza de la persona empleadora, fundamentada de manera razonable y proporcionada, en el comportamiento de la persona trabajadora.

Compensation

Simultaneously with the notification of the extinction, the employer must make available to the worker an indemnity whose amount must be equivalent to the salary corresponding to twelve days per year of service, with the limit of six monthly payments.

Notice

If the provision of services has lasted more than one year, the employer must grant a period of notice of at least 20 days from the date on which the termination decision is communicated to the worker. In the other cases, the notice will be seven days.

During the period of notice, the person providing full-time services shall be entitled, without losing his or her remuneration, to a six-hour weekly leave in order to seek new employment.

The employer may replace the notice with compensation equivalent to the wages corresponding to the notice period.