Friday, December 8, 2023

The justice recognizes the right of a domestic employee to collect unemployment even if it is requested if it is not allowed by law

The Social Chamber of the Superior Court of Justice of Galicia (TSXG) issued a “pioneering in Spain” judgment in which it declared the right of a domestic employee to receive contributory unemployment benefits (known as benefits of unemployment). will be implemented by Royal Decree Law 16/2022 to improve the working conditions and Social Security of domestic workers.

The Galician high court stated that the plaintiff was entitled to this benefit (despite the fact that the law in force at the time of the request did not allow it) by applying the gender perspective and the judgment of the European Court of Justice Union causes regulatory change in Spain.

The magistrates argued in the resolution that the Spanish regulations that exclude domestic workers from accessing unemployment benefits (in force at the time of the events) “contrary to community regulations.” In the resolution, they recalled that the worker, who is with the Special System for Domestic Employees until August 4, 2022, has contributed 2,361 days to this regime and 2 days to the General Social Security Regime. When requesting unemployment, it is denied because it is not provided for domestic workers, since the Royal Decree Law 16/2022 was implemented on September 9, 2022.

The Social Chamber emphasizes that the group to which the plaintiff belongs is “strongly feminine, since women represent 95.53% of the total.” The Superior Court of Justice of Galicia emphasized that the new regime resolves this discrimination for benefits made after its initiation, “leaving any benefits made before in the same – and the same – situation as before .”

In addition, it emphasizes that the perspective of gender in the interpretation of the regulations and the obligation arising from the jurisprudence of the CJEU “obliges the protection of workers integrated in this special system if the loss of their job occurred before the new.” regime and no protection. All this, according to the judgment, led the judges of this high court to recognize the right of the affected person to the unemployment benefit, “despite the fact that he did not contribute to it – due to legal, discrimination is impossible.”

«It is necessary to consider, on the one hand, that the Spanish regulations that do not include contributions (and unemployment) for workers included in the Special System for Domestic Employees are against community law because they discrimination, and that this situation may. not “resolved by the reform made by Royal Decree Law 16/22 because it did not solve the problem of possible previous beneficiaries, but by the causal events after its entry into force,” the TSXG emphasized, while showing that, on the other hand, “the interpretation of the regulations must be made in the most favorable way to the discriminated group (that of the people included in that special system), with a gender perspective, because the feminine bias of the members of this is indisputable. in their almost whole; and, moreover, in the application and interpretation of the rules, the judges have the obligation to do it from a gender perspective, by integrating a superior value in the legal system.

The sentence is not final, as an appeal can be filed against it.


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