The Royal Decree that regularizes your situation includes the obligation to contribute, the right to collect unemployment and changes in terms of your salary
Domestic workers already contribute to Social Security and, therefore, will have the right to apply for unemployment benefits. Collecting unemployment benefits is the right of all workers who become unemployed and of which the people included in the Special System for Domestic Employees now form part. The changes included in Royal Decree-Law 16/2022 also affect your salary and contract.
Therefore, from October 1, 2022, the contribution is mandatory for domestic workers. The contribution rate applicable between September 1 and December 31, 2022, will be 6.05%, of which 5% will be paid by the employer and 1.05% by the employee. As of 2023, the contribution will be made in accordance with the provisions of the corresponding General State Budget Law. This regularization supposes some changes in its conditions, such as the obligation to make a written contract if it is going to be temporary or if either party so requires. If it has not been formalized in writing, the contract will be presumed indefinite and full-time, unless the contrary can be proven. A contract that can no longer be terminated without alleging any cause. The new regulations will no longer allow the so-called withdrawal and any termination of employment of a domestic worker must include the reason on which it is based.
This is the minimum salary they should receive
One of the issues that has been regularized is the salary received by domestic workers. A circumstance that changes with the approval of the new Royal Decree. The State Public Employment Service explains that at least it must be adjusted to the Minimum Interprofessional Salary (SMI). Therefore, they must collect 1,000 euros per month in 14 payments 1,166.67 euros per month in 12 payments. In the case of hourly pay, it amounts to 7.29 euros per hour, which rises to 7.82 euros per hour if it includes holidays. This is how the SMI is currently regulated. They are also entitled to compensation when the contract is broken, which must include the amount of salary remaining to be collected, overtime, unused vacation days and extra pay in proportion to the working time together with the amount corresponding to the notice period in case it must be paid.
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