Labor will limit the arbitrary dismissal of domestic workers

  • Vice President Yolanda Díaz advances that the “immediate” implementation of the algorithm to control overtime

The reform that completes the Ministry of Labor about the regimen domestic workers It will include limitations on their arbitrary dismissal by their employers. This was announced this Thursday by the second vice president, Yolanda Diazwhich hopes to be able to close “as soon as possible” this reform that will have to pass the procedure of the Congress of Deputies and that will also include the right to unemployment benefit and shielding to severance pay, among others. Díaz has also advanced the “immediate” implementation of a algorithm to control the extra hoursespecially the unpaid ones, in companies.

“Let’s go to the reconnaissance of the dismissalto the performance in the withdrawalto a very deep debate”, declared Díaz in his speech this Thursday in Congress. Domestic workers are currently under a special regime, according to which the employer has the option of invoking “withdrawal”, which consists in the possibility of dismissal without having to justify the reason for said dismissal, only with a notice of 20 days in advance, in the event that the employee has been working for more than a year, or seven days if her seniority is less. with the payment of the equivalent of 12 days per year worked, with a maximum of six monthly payments.

This is an arbitrary dismissal that the employer can invoke without having to justify it, either because he does not want to pay more for the service, because he does not like how the employee does it, or for whatever reason. This represents a comparative offense with the rest of the workers, since in the case of any other employee, the employer has the obligation to justify the dismissal for economic or organizational reasons. And if not bear the cost of a dismissal unfairwhich is more expensive and whose compensation amounts to 33 days per year worked with a cap of 24 monthly payments.

How that right of withdrawal will be reformed is something that the second vice president has not revealed. Some options that she has on the table are to increase the compensation, the notice period or directly suppress it and equate said assumption to an inadmissible, among others. The government’s action in this matter is conditioned by court rulings. European justice already ruled a few months ago that Spain incurred unjustified discrimination against domestic workers by denying them, among others, the right to unemployment benefits.

And the Spanish courts are already applying said jurisprudence. For example, the TSJC has already recognized the right to a subsidy for those over 52 years of age for a domestic worker, as reported by EL PERIÓDICO, or has increased the compensation guarantees in the event that the employer declares bankruptcy, among others. The Ministry of Labor, as it had already committed, has yet to finish collecting this jurisprudence in its legislative framework and introduce other issues.

Algorithm against overtime

The second vice-president has also advanced that next week she will make public the conclusions of the commission of experts on the incidence that the algorithms in labor relations in Spain. This was one of the commitments tied up within the so-called ‘rider law‘, which forced home delivery people to be salaried and allowed any worker to ask their company if it used any algorithm to organize work and, if so, what repercussions it implied and what parameters it used.

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The publication of these conclusions could coincide with the implementation of the algorithm so that the Labor Inspectorate can more efficiently prosecute fraudulent overtime in companies. The non-compliance with the time control regulations is manifest and half of the companies do not pass an inspection related to this matter after three years with the regulations in force, as EL PERIÓDICO advanced. And this means that 27 million overtime hours are worked every month, of which about 40% are not paid, according to the latest data from the INE.

Linked to the ‘Rider law’, Díaz has sent an explicit notice to Glovo, the main digital home delivery platform that still operates with a fleet mostly made up of self-employed delivery men. “Those companies called Glovo or whatever they are called that do not comply with the legislation will fall under the weight of the legislation and of the Labor Inspection as we have been doing,” he declared.

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