On 14 March 2022 a Barcelona magistrate issued the first sentence in Spain to protect dismissal for home workers, considering that the current regulations, which leave them out of protection by the FOGASA, discriminate against this collective.
The case is referred to a home worker who was dismissed after seven years of service, without warning and without any compensation, and the deceased filed a complaint to the court. This judgment, won by the Collective Ronda on 14 March 2022, is the first in the Spanish state to force the public fund FOGASA to pay the worker for EUR 6,003 indemnity in the face of the insolvency of the contractors.
This judgment is the first effect of the European Union JJ resolution (TSJUE) recognising the illegality of discriminatory treatment of long-term workers in the current legislation. In February 2022, the court responded to an issue raised by the Court of Justice Administrative Contention of the City of Vigo on the grounds of a lawsuit that denied the right to pay for the unemployment benefits of a home worker and care. Before doing so, it consulted the higher authority on European law, and European justice has concluded that the Spanish system is discriminatory in not recognising the right to unemployment benefits to this collective, made up of 95% by women.
In 2012 the regulations governing household work relations and care were reformed and decided to frame it within the General System of Social Security, but in a special system. The rule states that homeworkers do not have the right to unemployment benefits (Article 251d of the General Social Security Act) placing them in a situation of discriminatory disprotection from other working people.
In Barcelona, there are more than 55,000 people enrolled in the “home work” social security regime. This data, however, does not take into account all people who perform household and care tasks to elderly or children in an informal way, with flexible hours and in very precarious conditions. The TJUE judgment makes it clear that this lack of protection suffered by home workers and care is not justified and is contrary to Community law.
The City of Barcelona alongside the Homeworkers and Careers.
The Regidoria de Salut, Aging and Cures of the City of Barcelona since 2019 has made a bid to lead the care in the city, creating a pioneering reference space in the Spanish state, to provide information, guidance and advice on the care. It is also a reference space and found by entities and groups working in this area of care in the city.
The center located on Viladomat 127 street in Barcelona was opened with the intention of taking a step forward as a city in the recognition of care, both for people who provide care (mostly women) and those who receive care.
This is a unique window space where the person can obtain unified, personalised and territorialised information and guidance on the resources, services and programmes of the associative tissue and third sector, existing Community and municipal in the city related to care and which are support in their particular situation, this last year 2021 has given 5,602 users.
The Barcelona Cue serves homeworkers and care, carers nearby, people who want to plan their own care process and professionals.
Barcelona Cuida provides a specific and specialized legal advisory service, both for homeworkers and care workers, and for contracting families.
These legal advice services in 2021 had 1,308 people served. Legal consultations have been a total of 2,921 and those most in demand have been related to recruitment and higher social security (S.S).
In addition, the number of formalised contracts of the homeworker profile and care during 2021 has been 108 legally constituted and discharged into the S.S., 10 of which correspond to people who have an unsolved administrative situation and have been able to regularise their administrative situation.
On the other hand, homeworkers and care have another specific emotional support service through the free phone 900 505 805, from Monday to Sunday from 6 to 24 h, where psychologists offer psychological care to homeworkers and care feeling distress, nerves, sleeping difficulties, etc. The access key is “DOMICILIO2020”.
The Barcelona Cuida area is consolidated as a reference resource to accompany and facilitate management, provide information or improve the conditions of the people who look after the city of Barcelona, its metropolitan area and nearby environments.