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Monday, 01 September 2014 00:00

What rights does the housemaid in case of dismissal

Frequently asked questions:

  • Do you have a household employee entitled to compensation in case of dismissal?

Yes, in case of unfair dismissal, he is entitled as any worker, even if you work for hours. In this case, the compensation should be calculated based on the actual hours worked, wages and seniority.

In case of contracts concluded before 1 January 2012 compensation would be 7 days pay per year worked. If the contract was concluded after that date, compensation would be 12 days per year worked.

The dismissal is considered appropriate when the housemaid is in breach of its obligations seriously. In any case should the reasons that have caused the dismissal record.

  • What other quantities can claim the housemaid farewell?

You can claim arrears, antique difference between the salary received and which would have legally reciprocated, discounts which he has done on salary.

  • Are you entitled to unemployment benefits?

In this case there is no right to not be quoted for this contingency. Therefore, in case of dismissal, not any benefit for this item is perceived.

  • What if the employer dies?

In case of death corresponds to the worker compensation for one month's salary and the liquidation of the extra payments and vacations that had outstanding on the date of death.

  • What if the employer lose your job?

This assumption is not covered, so it is considered as unfair dismissal.

  • What if the housemaid was not insured?

The administrative irregularities in the recruitment of the housemaid, is the lack of contract, difference in hours or wages and even if the worker was erratically and had no persmiso in Spain to work does not eliminate or suppresses the rights of workers.

David Figueras
Managing Partner of SF Lawyers