RD Law 16/2022 has been published, in force since September 9, which introduces improvements in the working conditions of workers at the service of the family home. To this end, modifications are added in terms of occupational risk prevention, contributions and unemployment benefits and in the causes of termination of the contracts of this group.


Improvement of working conditions in contracts in force as of 9-9-2022

a) character is presumed indefinite and full time of the employment contract that is not made in writing, whatever its duration (previously only for contracts lasting more than 4 weeks) (RD 1620/2011 art.5 redact RDL 16/2022).

b) The protection of this group against dismissal is extended by eliminating the figure of the withdrawal which allowed dismissal without cause by paying severance pay of 12 days per year of service. From now on the Termination of contract It can only occur for justified reasons, among which are expressly included: the decrease in the income of the family unit or an increase in its expenses due to an unexpected circumstance; the substantial modification of the needs of the family unit and the loss of confidence due to the behavior of the person employed at home (RD 1620/2011 art.11 redact RDL 16/2022).

c) Occupational risk prevention. The LPRL is modified in order to guarantee people at the service of the family home a level of occupational health and safety protection equivalent to that of the other workers, taking into account their specific characteristics, in the terms and with the guarantees provided by regulation (LPRL art.3.4 and disp.adic.18ª redact RDL 16/2022).

Modifications regarding Social Security

a) As of 1-1-2023, the person obliged to carry out the membershiphigh, low and variations of data, as well as the entry of contributions of the domestic employees will be, in any case, the employer. Thus, the possibility of agreeing with domestic employees who provide services for less than 60 hours per month, that they be the ones who carry out these procedures (RD 84/1996 art.43.2 and RD 2064/1995 art. 34 bis drafting RDL 16/2022).

During the month of January 2023, employers must communicate to the TGSS the necessary data to carry out these contributions regarding the workers with whom they had agreed before 9-8-2022 the assumption of the contribution obligation, as well as the entity by which they opt for the coverage of professional contingencies (RDL 16/2022 disp.adic.2ª).

b) It expands the action protective of this group:

  • As of 9-9-2022, in the event of insolvency of the employer or insolvency, the people at the service of the family home are included in the scope of protection of the FOGASA (ET art.33.2 and RD 505/1985 art.11.d redact RDL 16/2022). The limit of compensation to be paid by FOGASA is 12 days of salary per year of service, prorating by months periods of time less than one year, with a limit of 6 monthly payments (RD 505/1985 art. 19.6 redact RDL 16/2022 ).
  • Likewise, as a consequence of the provisions of the CJEU 24-2-2022 (see novelty), the LGSS is modified to include the unemployment protection Within the protective action of the Special System for Domestic Employees (LGSS art. 251 redact RDL 16/2022), considering the termination of the employment contract of the domestic employee for just cause as a legal situation due to unemployment (LGSS art.267.1.a drafting RDL 16/2022).

The quotation for these contingencies it will be mandatory as of 10-1-2022. Until the 12-31-2022the contribution base will be determined in accordance with the provisions of the LPG 2022 and the applicable contribution rates will be the following (RDL 16/2022 disp.trans.2nd):

  • Unemployment: 6.05% of which 5% paid by the employer and 1.05% paid by the employee.
  • FOGASA: 0.2 at the exclusive expense of the employer.

From 1-1-2023the contribution bases and types applicable to the Special System for Domestic Employees, will follow the following scale (LGSS disp.trans.16th redaction RDL 16/2022):

Section monthly remuneration

euros/month

Quote Basis

euros/month

1st Until 269.00 250.00
2nd Since 269.01 Until 418.00 357.00
3rd Since 418.01 Until 568.00 493.00
4th Since 568.01 Until 718.00 643.00
5th Since 718.01 Until 869.00 794.00
6th Since 869.01 Until 1,017.00 943.00
7th Since 1,017.01 Until 1,166,669 1,166.70
8th Since 1,166.67 monthly remuneration

From the year 2024the contribution bases for common and professional contingencies will be determined in accordance with what is generally established, without the contribution being able to be less than the minimum base established by law.

c)The following are introduced modifications in theapplicable contribution benefits:

  1. From1-10-2022people who have contracted or contract under any contractual modality a single worker in the service of the home and register him in the RGSS, will be entitled to the following benefits (RDL 16/2022 disp.adic.1ª):
  • a reduction of 20% percent in the business contribution to the Social Security contribution for common contingencies. When they meet the patrimony and/or income requirements of the family unit or cohabitation of the employer established by regulation, it will be a bonus of 45% or 30%;
  • a bonus of 80% in business contributions to the contribution for unemployment and FOGASA.
  1. From 1-4-2023the bonuses of 45% for the hiring of caregivers in large families (L 40/2003 art.6 drafting RDL 16/2022). However, the bonuses that were being applied on that date will remain valid until the effective date of the caregivers’ withdrawal from the RGSS. These bonuses are incompatible with the new listing benefits (RDL 16/2022 disp.trans.3rd)

Royal Decree-Law 16/2022, of September 6, for the improvement of working conditions and Social Security of workers in the service of the home.

Source: Social DNA