The Superior Court of Justice of Navarra has proved a home employee and forces the State Public Employment Service (SEPE) to recognize the subsidy for over 52 years, despite not reaching the minimum unemployment contribution period. The reason is that the worker could not quote during the years in which he was included in the special regime of household employees, since the law prevented it until 2022. Thus, the Court applies the doctrine of the Court of Justice of the European Union and considers discriminatory excluding those periods, so it orders to compute them to access this benefit of an indefinite nature and that quotes for the pension.
Apparently, and as explained by the sentence, the worker requested the subsidy for over 52 years to the SEPE, but he denied it. The reason is that he did not have the six years of unemployment contributions required, that is, he had accredited 1,762 days, compared to the 2,160 required by the General Social Security Law. In his working life they consisted of at least 20 years and 7 months of contribution, most in the special regime of household employees.
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The key is that the household employee could not quote unemployment for much of her working life, being framed in the special regime in which this protection did not exist until the reform of 2022. With the reform, they could already, but of course, this made the previous contributions could not be computed, something that for this household employee was not fair.
Despite being disagreement with the decision, the woman filed prior claim, which also rejected it, again explaining the SEPE that did not meet the six -year requirement quoted in unemployment. Given this refusal, the worker chose to go to court to claim her right to subsidy.
Right to subsidy for over 52 years
Both in the first instance before the Social Court No. 2 of Pamplona and later before the Superior Court of Justice of Navarra both gave the reason to the household employee to collect the subsidy for people over 52 years. In this sense, the Social Court explained that “the six years quoted by unemployment” could not be required because, as a household employee, the law had prevented him from doing so until the entry into force of Royal Decree-Law 16/2022.
In addition, the TSJ added that the national regulations that prevented unemployment from the household employees were declared contrary to the right of the Union by the TJUE in 2022 (C-389/20, of February 24, 2022), which he says in his article 4.1 that “the principle of equal treatment involves the absence of any discrimination by reason of sex, whether directly or indirectly civil or family, especially with regard to the scope of social security regimes and the conditions of access to them, as well as the calculation of benefits ”.
For this reason, the fact of excluding every year of contribution was discriminatory for this worker, so they should be computed as quoted for the purposes of the subsidy, although there was no effective unemployment contribution. For this reason, the Superior Court of Justice ordered the SEPE to recognize the subsidy for over 52 years to this household employee.
What means to collect the subsidy for over 52 years for a home employee?
The collection of the subsidy for unemployed over 52 years by a home employee is relevant because, on the one hand, it guarantees a monthly income equivalent to 80 % of the IPREM and, on the other, it is quoted for the future retirement pension, in doing so for 125 % of the minimum price of price. This allows improving the amount of future retirement and maintaining social security coverage until finding a new job or reaching the ordinary retirement age.