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Worked as Carer But Patient/Employer Dies - What Rights Do I Have?

With a contract as ‘Empleado de Hogar‘/domestic workers and registered as such with the Seguridad Social, you can work, taking care of an elderly person, helping them with daily tasks in and around the house, either as in-house carer or working in day/night shift, as long as the ´patient´ is not a family member and you are not a professional carer as in those cases, a different regulation is in place, the Ley de Dependencia.

But what happens when the person you cared for, dies? Two possible scenarios.

Scenario 1 – the deceased was the one who signed your work contract, so was in fact your employer.

According to the Statute for Employees (art. 49.1.g) the contract will automatically become extinct and you will be entitled to an indemnization fee equivalent of one month’s salary. Apart from that, the beneficiaries of the deceased’s estate, need to pay your ‘finiquito’, so any pending wages, extra hours worked, holidays you haven’t taken, pro rata part of any extra payments you might be entitled to.

Scenario 2 – the contract was signed by someone else than the deceased, so the deceased was not your employer.

In that case the contract doesn’s automatically become extinct, as both employer and employee are alive. The employer needs to communicate with the employee that the contract will be ended  ‘por desistimiento´(by withdrawal). This option is unique for the regime for Domestic Workers. The employee will be entitled to 12 days indemnization per year worked, with a maximum of 6 months wages, if the contract is dated after 1.1.2012. If from before, then only 7 days indemnization per year worked, with a maximum of 6 months wages.

Further info HERE.

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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