On September 8, Royal Decree Law 16/2022 was published in the BOE, for the improvement of working conditions and Social Security of domestic workers, which aims to equate the working conditions of people who They carry out the functions within the framework of the family home, with those of the rest of the employed persons.
The new norm intends to correct the historical disadvantages of this group, which is considered discriminated against, being 95.53% women.
The new rule includes coverage of the right to unemployment benefit and regulates the causes of dismissal. Specifically, it eliminates dismissal due to withdrawal, modifying it for dismissal with new compensation. This will benefit around 370.000 people, who are currently registered with Social Security.
Currently employment contracts can be entered into in writing or orally, but for contracts with a duration of less than 4 weeks it was not necessary to make any written contract.
This disappears with the new standard, making the agreement in writing mandatory, regardless of the duration of the contract. Contracts entered into indefinitely and full-time will be presumed, unless there is written proof indicating otherwise.
Regarding the contribution, it is made according to the scale of bases according to the remuneration received.
The tables for 2023 would be:
These contributions were paid by the employer, when the contract made was for more than 60 hours per month, being able to be paid by the employee when it was less or when she provided her services in several houses. This will change as of January 2023, since it will be the responsibility of the household employee in all cases, as will the obligation to register, cancel and vary.
As of October 28,30, the contribution for unemployment of 23,60 .4,70%, with 2022% being paid by the employer and 6,05% by the household employee, and also the contribution for FOGASA, being 5% paid by the employer (Disp. Trans .1,05nd RDL 0,20/2).
The current bonuses of 20% of the business contribution for common contingencies can be applied to these contributions (which would go from 23,60% to 18,88%).
For new registrations, and when the requirements established in Additional Provision 1 of RDL 16/2022 on the assets and/or income of the family unit are met, the 45% or 30% bonus will be applied.
In the case of large families, the 20% bonus is extended to 45%. The latter will be eliminated as of April 1, 2023, but the current bonuses will continue to apply until the family is no longer large, as long as the employee continues to be registered with Social Security.
With the new regularization on the Unemployment contribution and FOGASA, for the moment, a bonus of 80% of the employer's part is applied, which is applicable to all domestic employees whose contracts are in force and the new ones that are given registration, and that can be added to the reductions in the business contribution that are in force (20% or 45%). Therefore, the percentages that would be applied would be 1,00% for unemployment and 0,04% for FOGASA.
Despite the new contribution percentages coming into force from October 2022, and having the obligation to indicate it in the payrolls that are made, Social Security will not be able to apply it immediately for logistical and computer reasons. For this reason, the regularization will be carried out, ex officio by Social Security, during the first three months of 2023.
By 2023, a small pension piggy bank created by the Government will come into force, and it obliges the employer to pay an extra contribution of 0,50% and the household employee 0,10%.
If we carry out a cost study and take into account a full-time domestic worker with a base of €1.166,70, or part-time with a base of €500, the difference in contributions between 2022 and 2023 would be the Next:
There is an increase of €31,38 per month (€376,56 per year) full-time, or 4,49 per month (€53,88 per year) with a base of €500, this increase being reduced or increased depending on the hours registration or remuneration received from the employee / or household.
In order to anticipate the possible increase in social security losses, the causes of termination that would justify the dismissal of a household employee are included, modifying Art. 11 RD 1620/2011, they would be those typified in the Workers' Statute ( Art. 49) and would add:
- The decrease in the income of the family unit or increase in expenses due to unforeseen situations.
- The substantial modifications of the needs of the family unit.
- The loss of trust due to the behavior of the person employed in the home.
The notice of termination must be made in writing, clearly and unequivocally indicating the reason for the termination of the employment relationship. The employer must communicate it with a notice period of at least 20 days, if the employment contract has exceeded one year, and 7 days for the rest. Simultaneously to the communication, the compensation equivalent to the salary corresponding to 12 days per year of service must be made available to the employee, with a limit of 6 monthly payments (RD 505/1985, Art 19.6 RDL16/2022).
All these new contributions are going to mean a great effort for families due to the increase it entails, but also for public coffers, since the Government anticipates that, for now, it will be a deficit measure.
Esther Mico Garcia
TOMARIAL Labor Area Collaborator
