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Source: Arrabe Asesores 14 November 2011

The government approves the Royal Decree that regulates the employment of the special nature of domestic servants

The Council of Ministers has approved a proposal of the Minister of Labour and Immigration, Valeriano Gómez, the Royal Decree that regulates the employment of the special nature of domestic servants.

The Council of Ministers has approved a proposal of the Minister of Labour and Immigration, Valeriano Gómez, the Royal Decree that regulates the employment of the special nature of domestic servants.

This working relationship is based on two very characteristic, such as the area where the activity is provided (the family home) and personal relationship based on a special relationship of trust between the owner of the family home and household employees.

The regulation of this particular employment relationship goes back 25 years, so we recommend a thorough review of the rules relating to renovate and modernize the employment relationship and closer as possible to the rights of other workers.

The decree is part of an ambitious process of updating regulations affecting domestic workers. In this regard, Law 27/2011, of August 1, on updating, adaptation and modernization of the Social Security system proceeds to integrate the Special Scheme for Domestic Workers in the general scheme, as envisaged in the Social Agreement Economic signed by government, unions and employers, and enables the Government to amend, in accordance with this integration, regulation of employment of the special nature of domestic servants.

This Royal Decree is undertaken a substantial renovation of the employment relationship to lead to better working conditions for people working in the sector, making progress on making work of this group, you really need an effective recognition and greater appreciation of work to provide families and society as a whole.

It is also a balanced proposal that builds on the balance of interests of the parties to the employment relationship. Similarly, should help regularize undeclared employment situations that exist in this area, putting an end to situations of vulnerability and social work.

This new regulation will apply from January 1, 2012.

MAJOR DEVELOPMENTS

The most significant developments contemplated by this Royal Decree are:

- Access to employment in the family home will be made by direct recruitment or through public service employment or recruitment agencies duly authorized, with full guarantee of non-discrimination (on grounds of sex, racial or ethnic origin, age ).
- Better information on the labor rights of workers and employees, because the contract will be formalized in writing, compared to the current regulation that allows a verbal contract.
- Increased job security and less job security.
- Is guaranteed a minimum cash payment of the minimum wage calculated annually, below which shall not be possible to make any deduction from wages in kind support or accommodation. Where there is payment in kind does not exceed 30% of salary perceptions.
- The worker or employee is entitled to two extra payments a year, so as to ensure the perception of SMI calculated annually.
- Extension of the duration of rest between rounds.
- Better regulation time presence, in which the worker is available to the employer without providing actual work.
- It remains a cause of termination of the contract cancellation by the employer, but is to be communicated explicitly. In new contracts, expands from 7 to 12 days salary per year of compensation to which the worker is entitled in this case.
- It provides mechanisms for assistance and cooperation from the Administration to assist employers to comply with the obligations.
- It is noted for the first time the possibility of future persons in the service of the household can access a system of unemployment protection. During 2012 a group of experts will examine this issue and make proposals to take the appropriate decision in 2013.

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