Yolanda Díaz to Implement System for Monitoring Working Hours of Domestic Workers
Spanish Ministry of Labour moves towards regulating domestic work hours under European justice mandates.
Spain's Ministry of Labour, led by Yolanda Díaz, is set to introduce a system requiring the monitoring of the working hours of domestic employees, enabling sanctions against employers as necessary.
This initiative aligns with a European Court of Justice (ECJ) ruling mandating that all family households establish a time-tracking system for domestic workers, akin to those in other economic sectors.
In a press briefing, Joaquín Pérez Rey, the Secretary of State, emphasized the importance of legal codification of this directive from the ECJ.
He stated, 'Domestic workers, like any other workers, have the right to have their working hours recorded objectively.' This stance aims to address what the ECJ identified as a violation of the European Working Time Directive if domestic workers are excluded from such records.
However, the Ministry notes that a 'technical overhaul' is required due to the unique nature of domestic employment, where individual employers, not businesses, employ workers.
Pérez Rey articulated, 'Just as we have adapted occupational risk matters, we will tailor regulations for this sector too.'
The ECJ's December ruling outlined that excluding domestic workers from time-keeping requirements deprives them of accurately determining their working hours and violates the directive.
It acknowledged the unique aspects of domestic work that could necessitate exceptions regarding overtime or part-time statuses.
Nonetheless, these exceptions must not undermine the directive's core principles, a matter for Spanish courts to finalize.
Moreover, the ECJ warned of potential indirect gender discrimination, given that domestic workers predominantly comprise women, a factor strengthening the case for regulatory reform.
Currently, around 354,000 individuals are actively registered in Spain's Special System for Domestic Workers, marking a 4.7% decrease from April 2024.
This initiative is part of a broader legislative project aimed at reducing working hours across sectors—reflecting efforts to improve labor conditions in Spain and compliance with EU regulations.
This initiative aligns with a European Court of Justice (ECJ) ruling mandating that all family households establish a time-tracking system for domestic workers, akin to those in other economic sectors.
In a press briefing, Joaquín Pérez Rey, the Secretary of State, emphasized the importance of legal codification of this directive from the ECJ.
He stated, 'Domestic workers, like any other workers, have the right to have their working hours recorded objectively.' This stance aims to address what the ECJ identified as a violation of the European Working Time Directive if domestic workers are excluded from such records.
However, the Ministry notes that a 'technical overhaul' is required due to the unique nature of domestic employment, where individual employers, not businesses, employ workers.
Pérez Rey articulated, 'Just as we have adapted occupational risk matters, we will tailor regulations for this sector too.'
The ECJ's December ruling outlined that excluding domestic workers from time-keeping requirements deprives them of accurately determining their working hours and violates the directive.
It acknowledged the unique aspects of domestic work that could necessitate exceptions regarding overtime or part-time statuses.
Nonetheless, these exceptions must not undermine the directive's core principles, a matter for Spanish courts to finalize.
Moreover, the ECJ warned of potential indirect gender discrimination, given that domestic workers predominantly comprise women, a factor strengthening the case for regulatory reform.
Currently, around 354,000 individuals are actively registered in Spain's Special System for Domestic Workers, marking a 4.7% decrease from April 2024.
This initiative is part of a broader legislative project aimed at reducing working hours across sectors—reflecting efforts to improve labor conditions in Spain and compliance with EU regulations.
Translation:
Translated by AI
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