The home employee collective has been one of the most punished in terms of labor rights. So, that It was not until October 1, 2022 that began to quote unemployment Thanks to Royal Decree-Law 16/2022 and, therefore, to access unemployment benefits, such as unemployment and different subsidies.
The problem is that this decree, which can be consulted here, It did not take into account the years previously worked on October 1, 2022. That is, it was not approved with retroactive effects, so everything they had worked before this date still did not tell them as quoted for unemployment aid.
You may be interested
He dismisses his home employee a week after discharging and justice declares him void: he must pay more than 20,000 euros
A lawyer makes it clear that household employees must charge when their employer dies, even if they are without papers: “Do not leave you on the street overnight without paying absolutely anything”
Taking into account that one of the subsidy requirements for over 52 years is having contributed unemployed for at least 6 years, in practice household employees could not really collect this subsidy until October 2028. A fact that lawyer Javier de Cominges, already in 2022, He described as discriminatory for ‘News work’: “I have not quoted but not because I have not wanted, or because I have breached my obligations, but I have not quoted because they have not let me quote,” I claimed then. However, some employees are getting to access the subsidy before the judicial means.
Justice is allowing home employees to access subsidy before 52 years
Last March, the Superior Court of Justice of Navarra acknowledged a home employee to receive unemployment subsidy for over 52 years old Despite not having quoted during his working life 6 years in a regime that contemplates the contingency of unemployment.
He did it by computing as quoted the periods prior to the Royal Decree-Law 16/2022 in which the worker was in the special regime of household employees, arguing that the national regulations that excluded the employees of the home from the contribution of unemployment was declared void by the Court of Justice of the European Union. For the TSJ of Navarra, the fact that they could not access until October 1, 2028 to the subsidy, “again perpetuates the discrimination recriminated in the TJUE judgment.”
Therefore, to restore equal treatment, the Court failed that it was necessary quoted to the Special Household Employees System during the aforementioned years ”.
Thus, justice would be opening a door to this group to get access to unemployment subsidies before, computing as quoted the previous years of work.