Coronavirus - 50 Alleviating Measures: Domestic Workers - In Force 5.5.2020

Updated with info from Ministerial Order published in the State Gazette on the 4th of May 2020.

Until now, domestic workers were not included in the regulations for ERTE, special ‘paro’ etc.

Now, a special unemployment ‘subsidio’ has been made available for domestic workers who were on a contract before the State of Alarm was called and:

a) They have stopped providing services, totally or partially, temporarily, in order to reduce the risk of contagion,for reasons beyond their control, in one or more homes on the occasion of the COVID-19 health crisis.
b) Their employment contract has been terminated due to the dismissal cause included in the article 49.1.k) of the Royal Legislative Decree 2/2015, of October 23, which approves the Consolidated Text of the Workers’ Statute Law, by the withdrawal of the employer, in the terms provided in article 11.3 of Royal Decree 1620/2011, of November 14, which regulates the employment relationship of a special nature of the family home service, due to death or any other cause of force majeure attributable to the employer that permanently precludes the provision of work, provided that the causes that determine the termination of the contract are foreign to the will of the working person and are due to the health crisis of COVID-19.

The accreditation of the causal act must be carried out by means of a responsible statement, signed by the employer or employers, in respect of which there has been a total or partial decrease in services. At assumption of termination of the employment contract, this may be accredited by letter of dismissal, communication of the withdrawal of the employer or employer, or documentation accrediting the ‘baja’ from the Special System of Home Employees of the Seguridad Social.

Amount of the Subsidy

1. The amount of the extraordinary subsidy for lack of activity will be the result of the application to the regulatory base corresponding to the activity that has ceased, the percentage determined in this section.
2. The daily regulatory basis of the benefit will be constituted by the basis of household employee’s social security contributions corresponding to the month prior to the causal event, divided by 30.
If there were several jobs performed in this special system, the regulatory base corresponding to each of the different jobs that have ceased.
3. The amount of the subsidy will be the result of applying a percentage of 70% to the referred regulatory base, and may not be higher than the Interprofessional Minimum Wage, excluding the proportional part of the extraordinary payments. In the case of partial loss of the activity, the amount of the indicated subsidy will be received in direct proportion to the percentage reduction of working hours experienced by the worker.
There is a complicated calculation when you have more work places than one, but the above gives a general indication.
4. This extraordinary allowance for lack of activity will be received for monthly periods, from the date of birth of the right. For these purposes, it will be understood by effective date of birth of the right the date identified in the responsible declaration referred to in the previous section when the causal event consists in the reduction of the activity, or the date of ‘baja’ from Social Security, in the case of the end of the employment relationship.

 

Compatibilities and incompatibilities

1. The extraordinary subsidy for lack of activity will be compatible with the income derived from self-employment or employed activities that were taking place at the time of its accrual, including those that determine the registration in the Special Social Security System for Domestic Employees of the General Social Security Scheme, provided that the sum of the income derived from the subsidy and the rest of activities is not higher than the Interprofessional Minimum Wage.
2. The extraordinary subsidy for lack of activity will be incompatible with the subsidy for temporary disability and with the recoverable paid leave regulated in the Real Decree-law 10/2020, of March 29, which regulates a permit for employees who do not provide essential services, in order to reduce the population mobility in the context of the fight against COVID-19.
3. Carrying out activities for their own account or for the account of others initiated after requesting the extraordinary subsidy for lack of activity when the sum of the income derived from the subsidy and the rest of the activities is greater than Minimum Interprofessional Salary.
4. In order to check the compatibility or incompatibility of the subsidy, communicate to SEPE the variations, if any, that occur in both the carrying out work, such as regarding the remuneration derived from the compatible activities compatible, as well as obtaining economic benefits from the Social Security.

The duration of the extraordinary subsidy will extend from the date of birth of the right until a month after the State of Alarm has been lifted. Provided that the amount of the subsidy added to the income derived from the rest of activities does not exceed the Minimum Interprofessional Salary. To be paid monthly on the 10th of the month.Recipients of the extraordinary subsidy who have received it unduly will be obliged to refund the amount received.
Those who by action or omission have contributed to making perception of the extraordinary subsidy possible, will respond subsidiarily with the recipients, except in good faith, of the obligation to reimburse as mentioned above.

Withdrawal and termination of the subsidy.
1. The right to receive the extraordinary subsidy will be suspended by the SEPE in the cases in which the applicant informs that they are in a situation of incompatibility and also, during the period that corresponds by imposing a sanction for infractions.
2. When a ‘baja’ for the subsidy has been arranged, due to concurrence of incompatibility causes, the beneficiary may reapply as long as the deadline to do so will continue to be in force. In that case the calculation for the amount of the subsidy will be made from the time when they are again eligible for perception.
This new recognition of the subsidy will not be possible if it had been extinguished by penalty.

Absence of contribution during the receipt of the subsidy.
The State Public Employment Service will not make a contribution to the Seguridad Social during the receipt of the extraordinary subsidy as it is not expressly provided for in Royal Decree-Law 11/2020. This means that the time you receive the benefit does not count towards building up an unemployment benefit, nor pension.

You need to apply for this special unemployment with the Employment Agency in your area, as of tomorrow the 5th of May, until one month after the State of Alarm has been lifted. The subsidy will be paid out retro-actively, though. There should be a special form on the SEPE website as of tomorrow. Besides the accreditation from your employer, you need to apport documentation if you have other work either in employment or self-employed.

 

LINK to info on how to contact them during State of Alarm

 

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.

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