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LABOUR RIGHTS

‘A long way to go’: Spain’s domestics fight to end discrimination

For years, Aracely Sánchez went to work without counting her hours, always fearful she could lose her job from one day to the next.

'A long way to go': Spain's domestics fight to end discrimination
The Spanish government recently announced it would extend labour benefits to hundreds of thousands of domestic workers, but tens of thousands more will still fall between the cracks. (Photo by Rodrigo ARANGUA / AFP)

“They would always ask me to do more and more and more, as if I were a machine,” she told AFP of her employers at a house in Madrid.

Within a collective of domestic workers, this 39-year-old Mexican has been trying to assert her basic rights to have time off every week, to be paid for working overtime and to have unemployment cover.

But given the precarious nature of this type of work in Spain, it is a challenge.

“There are employers who are very humane and who respect us, but there are many who try to take advantage of the situation,” she explained.

“They say: if the job doesn’t suit you, there are plenty more where you came from.”

According to the Workers Commission union (CCOO), nearly 600,000 women serve as domestic staff in Spain where taking them on for housework, cooking or childcare is widespread.

Of that number, nearly 200,000 are undeclared, working in the black economy without an employment contract.

“Many of them come from Latin America and they don’t have papers and find themselves in a very vulnerable situation,” said Mari Cruz Vicente, the CCOO’s head of activism and employment.

‘Exposing violations’

Following a ruling by the EU’s Court of Justice (CJEU) and pressure from the unions, the government of Prime Minister Pedro Sánchez adopted a reform this month aiming at ending the “discrimination” suffered by these workers.

READ ALSO: The new rules for hiring a domestic worker in Spain

Under the changes, dubbed by the government as “settling a historic debt”, domestic workers are now entitled to claim unemployment benefits and cannot be dismissed without justification.

They will also be covered by healthcare “protection” and be able to access training to improve their “professional opportunities” and job conditions.

“This is a very important step forward,” said Vicente, while stressing the need to step up efforts to register those who are working without a contract and don’t benefit from the reform.

“This reform was very necessary,” said Constanza Cisneros of the Jeanneth Beltrán observatory which specialises in domestic workers’ rights.

“Spain was very behind. Every day we have people coming to us whose rights have been violated. We have to end such practices now,” she said.

“Such situations have to be exposed.”

SPAIN-DOMESTIC-WORKERS

Around 200,000 domestic workers who are working in the black economy without an employment contract will not benefit from Spain’s new labour reform. (Photo by Ezequiel BECERRA / AFP)

‘Not seen as people’

Mexican home help Sánchez has often experienced such abuses in more than two decades of employment.

In 2001, she arrived in Madrid to take up full-time employment caring for an elderly person for €350 a month.

She then spent the next 15 years working in short-term jobs, almost always without a contract, despite the fact she had a valid residency permit.

“When I said I wanted a contract, they never called me back. They didn’t want to pay contributions,” she said, describing her work as “undervalued” with domestic staff seen as “labourers” and not “as people”.

Amalia Caballero, a domestic worker from Ecuador, has had a very similar experience.

“We often finish very late, or they change our hours at the last minute assuming we’ll just fall in line. But we also have a life that we need to sort out,” said Caballero, 60.

She also talks about the “humiliations” often endured by those who live with their employers.

“One time, one of my bosses asked me why I showered every day. It was clear he thought (the hot water) was costing him too much money,” she told AFP.

But will such attitudes change with the reform?

“There’s still a long way to go,” she sighed, saying many domestic staff “have completed their studies” back home and even hold a degree.

“People need to recognise that,” she said.

Cisneros agreed.

“Our work needs to command greater respect, not least because it’s so necessary. Without staff to pick up the children, run the household and look after elderly people, what would families do?”

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HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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