The recent Royal Decree 893/2024 marks a milestone in the protection of the labor rights of domestic workers in Spain. This legislation is a significant step towards the full equalization of labor rights between domestic workers and other sectors, continuing the trend initiated in 2022 when benefits such as unemployment rights and coverage for temporary disability from the first day of sick leave were recognized.
Among the main novelties of the decree is the protection in terms of health and prevention of occupational risks. Puigverd Assessors, a specialized firm in Sabadell, highlights that this legislation clearly defines the right to safety and health at work for domestic workers, who perform their duties in environments lacking the conventional corporate structure. It also includes the right to health surveillance for these workers.
To ensure that these rights are effectively implemented without imposing an additional burden on families and employers, the National Institute of Safety and Health at Work (INSST) will manage a public platform that will facilitate compliance with the new obligations. Among the measures, it includes the promotion by the Ministry of Health for the free performance of voluntary medical check-ups for each worker, regardless of serving multiple employers.
Additionally, the INSST will develop free tools for employers to comply with risk assessments and will provide a technical guide for the prevention of occupational risks in the domestic environment. Domestic workers will also have a specific protocol in case of harassment and will have access to free training through tools published by the State Public Employment Service (SEPE).
However, these changes and obligations will not be enforceable until six months after the INSST makes the necessary tools available. Likewise, free medical check-ups will only be applicable once the corresponding regulations are developed within the National Health System.
From the perspective of employers, the new legislation poses significant challenges. Ensuring compliance with risk prevention regulations in a domestic environment represents technical and logistical challenges. However, the creation of digital platforms and public tools aims to facilitate this adaptation, ensuring a balance between the labor protection of domestic workers and employers’ abilities to comply with these new standards.
With this reform, Spain continues to improve the working conditions of a sector that has historically been disadvantaged, moving towards a more equitable and fair society for all its workers.
via: MiMub in Spanish