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In its ruling this Thursday, the CJEU declares that the European directive on equality "opposes a national provision that excludes unemployment benefits from the social security benefits granted to domestic employees by a legal social security scheme , to the extent that said provision places female workers at a particular disadvantage with respect to male workers and is not justified by objective factors unrelated to any discrimination based on sex," the ruling states.<\/p>\n
The European magistrates emphasize that it is up to the Spanish judge competent in the case to verify whether this is the case in this complaint, by a Galician worker against Social Security, but the Court of Justice provides clear indications to rule in favor of the existence of discrimination.<\/p>\n
The preliminary ruling that reached the EU arises from the complaint of Mariana, a domestic worker in Galicia, who went with her employer to Social Security to ask to pay unemployment contributions, something that is not permitted by law in Spain. The affected person reported to Social Security, advised by her lawyer Javier de Cominges, who found in this case (in which the employer and worker went hand in hand) a suitable situation to report what she understood to be discrimination against the group.<\/p>\n
The court resolves in this sense, as did the conclusions of the attorney general, Maciej Szpunar, which dismantled the arguments of Social Security and the lawyers of the Spanish State to justify that domestic workers cannot contribute or receive unemployment protection. .<\/p>\n
This group of workers is almost always spoken of in feminine terms because the vast majority of women work in it. Formally, almost 400,000 affiliated workers, and informally, about 150,000 without registering with Social Security. This practically all women in their performance \u2013 more than 95% of affiliated people, as has been referred to the CJEU \u2013 is one of the bases on which the judges argue that there is indirect discrimination based on gender in Spain's refusal to give them access to unemployment.<\/p>\n
Not all differential treatment that affects a majority of women has to necessarily be discriminatory, but to do so the reason for this difference must be justified and whether it is proportionate to justify the reasons. This is what Spain has failed to do in this case before the European Court of Justice.<\/p>\n
The Spanish Government and the General Treasury of Social Security allege that the exclusion of protection against unemployment in this group of domestic employees is linked to the peculiarities of this professional sector, among them the condition of the employers (which are not a company but private homes), and that responds to the objectives of maintaining employment rates and fighting against illegal work and Social Security fraud.<\/p>\n
The Court of Justice confirms that the aforementioned objectives are "legitimate" from the point of view of social policy. "However, it considers that the Spanish regulations do not seem adequate to achieve them, since it does not seem to be applied in a coherent and systematic manner in light of said objectives," states the court's press release released this Thursday.<\/p>\n
The magistrates emphasize that the group of workers excluded from protection against unemployment is not distinguished in a relevant way from other workers who are not. It emphasizes that these other groups of workers, whose employment relationship is carried out at home also for non-professional employers, or whose labor sector presents the same peculiarities in terms of employment rate, qualifications and remuneration as that of domestic workers, "pose analogous risks in terms of reduced employment rates, Social Security fraud and recourse to illegal work, but they are all covered by protection against unemployment.<\/p>\n
Furthermore, the Court of Justice adds that inclusion in the Special System for Domestic Employees gives the right, in principle, to all benefits granted by the Spanish General Social Security Scheme, except for unemployment benefits. This system covers, among others, risks related to work accidents and sick leave. According to the Court of Justice, there is also a lack of coherence in this regard, to the extent that these other benefits apparently present the same risks of Social Security fraud as unemployment benefits.<\/p>\n
The Court of Justice considers, finally, that the Spanish regulations appear to go beyond what is necessary to achieve the aforementioned objectives. The exclusion from unemployment protection also implies the impossibility of obtaining other social benefits to which domestic workers could be entitled and whose granting is subject to the termination of unemployment benefits. This is the case of subsidies such as those for unemployed people over 52 years of age.<\/p>\n
Therefore, "this exclusion entails greater lack of social protection for domestic workers, which translates into a situation of social helplessness," the judges point out.<\/p>\n
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Historic ruling for domestic and care workers, which rules that Spain\u2019s refusal to allow them to access unemployment benefits is contrary to EU legislation on equality between women and men In its ruling this Thursday, the CJEU declares that the European directive on equality \u201cprevents a [\u2026]<\/p>","protected":false},"author":2,"featured_media":120789,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[5],"tags":[],"class_list":["post-120788","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-noticias"],"_links":{"self":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120788","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/comments?post=120788"}],"version-history":[{"count":2,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120788\/revisions"}],"predecessor-version":[{"id":120791,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/posts\/120788\/revisions\/120791"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media\/120789"}],"wp:attachment":[{"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/media?parent=120788"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/categories?post=120788"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/aseryde.com\/en\/wp-json\/wp\/v2\/tags?post=120788"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}