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13 September 2022

Spain: Domestic workers entitled to unemployment benefits

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The Spanish government approved on 6 September a decree guaranteeing the right to unemployment support for domestic workers, putting an end to decades of discrimination. This new regulation came after the European Court of Justice denounced Spain's failure to comply with EU law by excluding domestic workers from unemployment benefits. 

The domestic work sector in Spain is highly precarious and made up mainly of women, many of whom are third-country nationals. Until now its workers were not entitled to unemployment benefits if they lost their jobs, but this new regulation entitles them to the same unemployment benefits and legal protection as other workers. 373 000 domestic workers will be affected.

Impact on migrant women

The new law will enter into force on 1 October and will likely improve the working conditions of a high number of migrant women, who represent 44% of the domestic work sector in Spain. Many of these women do not have proper employment documentation. According to current Minister of Labour and Social Economy Yolanda Díaz, by comparison migrant women represent just 10% of the labour force in the country's other sectors.

Although the new law is expected to bring about positive change, it is important to highlight that this change will apply only to those contractually employed, and the domestic work sector is notable for having the highest number of people working in an irregular situation (e.g., without an employment contract). According to the International Labour Organization (ILO), a third of domestic workers in Spain are employed without a contract, which means they will be excluded from the benefits offered by the new law.

Details

Publication dates
Geographic area
Spain
Source
Posted by
Francesco Pasetti - CIDOB
Country Coordinator

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