More control of the labor authority over domestic employment. The Labor and Social Security Inspectorate has launched a new campaign to regularize the wages and contributions of domestic workers, to prevent them from falling below the minimum interprofessional wage (SMI). “More than 35,000 letters” have been sent, they respond in Labor to elDiario.es. After a first action focused on full-time employees, “this time the focus will be on workers hired part-time,” they point out in the Ministry directed by Yolanda Díaz.
The Labor Inspection begins a campaign against those who do not pay the minimum wage to domestic workers
As the first action of its kind, the campaign again consists of sending letters addressed to employers in which an alleged irregularity is detected thanks to massive data crossing. The minimum wage for domestic workers who work by the hour, in an external regime, is “7.55 euros per hour actually worked.” The full-time SMI is 965 euros per month in 14 payments.
The Labor Inspectorate recalls the established minimum wage and Social Security obligations and provides households with “technical assistance and information to proceed with the regularization of wages that are below the Minimum Interprofessional Salary (SMI) and the corresponding regularization of Social Security contributions.
In this type of action with notices by letter from the Labor Inspectorate, a margin of time is granted to regularize fraudulent situations. If the irregularity is not corrected, nor is compliance with the law justified, the Inspectorate investigates the specific case through its staff.
“Success” of the first campaign
The Ministry of Labor highlights “the success achieved with the campaign started in this sector in February 2021 with people employed full-time”. So, a total of 45,019 communications were sent for the regularization of 47,749 labor relations and the percentages of conversions were the majority.
The balance of the campaign was the regularization of the labor situation of 28,904 domestic workers, as explained in April by the Ministry of Labor. Some 12 million euros were unpaid, which were broken down into 6.5 million euros per month in unpaid wages to workers and another 5.5 million euros per month not paid into Social Security in contribution bases.
“Something more than 82% of the employers have regularized the employment situation of the employed person without reducing their working day,” explains the Ministry of Labor on Monday. In addition, more than 90% of regularizations (93.1%) entailed “increase in remuneration with respect to that declared before receipt of the letter”.
Information to regularize
The Ministry explains that in the Web page of the Social Security Labor Inspection You can find a website with all the detailed information on the different ways to regularize salaries and contributions: both in the Portal of the General Treasury of the Social Security (IMPORTASS), through the RED System (social graduates, agencies and authorized professionals) or by sending a form that can be accessed in a QR available on the web page·.
The owner of the family home who has hired the domestic worker “will have to notify the General Treasury of the Social Security of the real salary, which in no case may be less than the SMI or the proportional part corresponding to the hours worked,” they recall at work.