5 important new rights for domestic workers in Spain
After many years, Spain has updated the labour laws to include this major sector
This week, the Spanish government passed a long overdue decree to recognise several new labour rights for domestic workers. This is a huge step forward for this group, which consists mostly of women and wasn't even afforded the same severance pay as other employees until a few short years ago.
These are the five fundamental measures contained in new regulations:
1. Occupational risk assessments
The new legislation approved by the Government recognises the right of domestic workers to be protected against the dangers associated with their work. The employer must be responsible for this protection.
Since the majority of domestic staff are employed by private citizens, the Department of Labour has been given 10 months to design an occupational risk assessment template that employees can complete with their staff.
This tool aims to make it easier for employers to identify these dangers in order to be able to put a stop to them, but it does not release them from their obligations.
2. Adequate protective equipment
Among the measures to be taken to deal with the dangers associated with work, the Labour Office recognises the right of domestic workers to have "suitable work equipment for the performance of their duties", including "personal protective equipment" when "the risks cannot be avoided or cannot be sufficiently limited".
It will be the employer's responsibility to provide these for the workers.
3. Refusal to work in case of "serious risk"
"When domestic workers are or may be exposed to a serious and imminent risk in connection with their work," the decree states, employers will be obliged to inform employees of that risk.
Furthermore, it will also be the employer's obligation to "adopt the measures and give the necessary instructions so that, in the event of serious, imminent and unavoidable danger, workers can stop their activity and, if necessary, immediately leave the home."
They cannot be penalised for this in any way "unless they have acted in bad faith or committed serious negligence."
4. Protection against violence or harassment
Anybody who works in someone's home will now be legally protected against violence and harassment including physical violence, unwanted sexual advances and harassment because of their skin colour or ethnicity, nationality, sex, gender identity or expression and sexual orientation.
The government has one year to create a plan to help prevent and deal with these situations. Until then, domestic staff feeling abused or harassed at work can leave their job without any repercussions.
"Leaving the home in the face of a situation of violence or harassment suffered by the worker cannot be considered resignation nor can it be grounds for dismissal," the text states.
5. Free medicals
Finally, all domestic workers will soon be entitled to a free annual medical to determine possible risks to their health in the workplace. The cost will be covered by the National Health System, so employers won't have to pay for this.
In other news: Proposed amendment to Horizontal Property Law in Spain
Image: Freepik
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