Court of Justice of the European Union has Released the Advocate General’s Opinion Regarding Domestic Workers in Spain

Court of Justice of the European Union has released a press release regarding domestic workers in Spain on 30 September 2021. The protection afforded by the special social security scheme applicable to domestic workers, as provided for by Spanish law, does not include unemployment protection.

Advocate General Maciej Szpunar emphasized that the Member States must comply with the principle of non-discrimination on grounds of sex in matters of social security when exercising their power in social security matters and, in particular, as regards unemployment benefits.

The Advocate General then examines whether that unequal treatment to the detriment of female domestic workers may be justified by objective factors unrelated to any discrimination on grounds of sex.

Spanish Government argued, inter alia, that the difference in treatment in question is justified by objectives relating to the specific characteristics of the category of domestic worker and the status of their employers, and by objectives concerning employee protection, safeguarding the level of employment in that sector and combating illegal work and fraud.

The Advocate General confirms that those reasons constitute legitimate social policy objectives. Nevertheless, he considers that those objectives are not unrelated to discrimination on grounds of sex and, consequently, cannot justify discrimination against women.

Furthermore, The Advocate General proposes that the Court of Justice should reply to the Spanish court that the directive precludes a national provision which excludes unemployment benefits from the benefits granted to domestic workers by a statutory social security scheme where it is found that those workers are almost exclusively women.

You can find the full text of the Advocate General’s Opinion here.

 

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Zumbul Attorneys-at-Law

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