Fines of up to 49,000 euros for families who do not assess the risks of domestic workers

BarcelonaIn Spain, there are approximately 340,000 people registered with Social Security as domestic workers. Even so, this largely female group has had to fight for years to gradually achieve parity with other employees in their labor rights. This Friday, November 14th, key legislation will come into effect to ensure that domestic workers receive the same protection regarding occupational risk prevention. This Friday marks six months since the Minister of Labor and Second Vice President of the Spanish Government, Yolanda Díaz, presented the legislation. Prevention10.es so that families can also assess the occupational risks of the people they employ in their homes. From then on, the grace period ends, and those who fail to comply with this obligation will face fines of between €2,451 and €49,000, depending on whether the infractions are serious or very serious.

This regulation was approved in September 2024, but the entry into force of some parts of the legislation was delayed until the platform had been operational for six months. "The work of domestic employees has historically been subject to very degraded and clearly discriminatory regulatory treatment, which was nothing more than a faithful reflection of the value that public authorities placed on this activity, understood as subordinate and of little economic value," the text states. Thus, the law establishes that anyone who hires a domestic worker must carry out an initial risk assessment, which must be reviewed when there are changes or harm occurs. If risks are identified, preventive measures must be taken, documented in writing, and a copy provided to the employee.

Work equipment and medical examination

Furthermore, families who hire domestic workers must also provide them with appropriate work equipment and ensure its safe use. This equipment must be provided free of charge and replaced as needed. In addition, the law requires employers to inform domestic workers about the risks and applicable preventative measures, and workers must be able to suggest improvements and receive preventative training upon hiring. As is already established for other employees, the regulations protect domestic workers in the event of a serious and imminent risk in their workplace, and remind them that they may interrupt their work or leave the home if necessary. The regulations also recognize that domestic workers have the right to a medical examination at least every three years. "This examination may only be carried out with the worker's consent," the regulations specify. Preventative measures can be implemented individually by the employer or delegated to an external service. In any case, the National Institute for Social Security and Occupational Health has created the free risk assessment tool Prevención10.es to facilitate compliance with these obligations.