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Until only two years ago, dismissing a domestic worker (90 per cent of whom are women) was easy. At that time the employer could, at any time and without justification, terminate the worker's employment. But the law has changed and now terminating the employment has to be done in writing and according to specific reasons.
Spain's Royal Decree-Law 16/2022 of 6 September for the improvement of working conditions and social security for domestic service workers has since made it possible to bring the working conditions of this group of people into line with those of other employees.
The law also includes a notice period of at least 20 days if the employee has worked in the same place for more than one year. In other cases the notice period is seven days. In addition, during the period of notice, if the domestic worker works full time, they may, without loss of remuneration, be granted six hours' leave per week to look for a new job.
In addition to the general causes for termination of employment, there are some specific causes, including a decrease in the household income or an increase in its expenses, for example a substantial change in the needs of the household that justifies no longer needing a domestic worker, or the employer's loss of trust, "based in a reasonable and proportionate manner on the worker's behaviour".
But what is the compensation provided for in the new rule? In addition to the salary, overtime, holidays not taken and any overtime, together with the amount corresponding to the notice period (if due), compensation must be added to this settlement, which will be 12 days per year worked with a limit of six monthly payments if it is duly justified that the special causes are in line with those provided for this relationship or that provided for dismissals in the Workers' Statute.
The calculation of the compensation is made in proportion to the monthly salary received by the number of weekly working hours. In the event that the domestic worker is paid per hour and works six hours a week, the equivalent- in hours - of the 12 days of salary per year in which the compensation consists must be found if it is a dismissal for a justified reason, according to the regulations of Royal Decree-Law 16/2022 .
This case is covered by the law. as the ministry of labour explains "by application of the general regulations on termination of the contract, if the contract is terminated due to the death of the employer, the worker would be entitled to the payment of an amount equivalent to one month's salary (article 49.1.g of the Workers' Statute), regardless of the length of service."
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