Domestic Employees

It is a temporary extraordinary subsidy which individuals included in the Special System for Domestic Employees of the General Social Security Scheme can benefit due to lack of or reduced activity caused by the declaration of state of alarm.
The Resolution of 30 April 2020, published in the BOE on Monday, 4 May, develops the procedure for processing applications.

Domestic employees are entitled to the extraordinary subsidy for lack of activity and when they are registered in the Special System for Domestic Employees of the Social Security General Scheme before the state of alarm was declared, 14 March, and when they are in one of the following situations:

• They have temporarily ceased providing services, totally or partially, in order to reduce the risk of contagion due to reasons beyond their control, at one or more homes, due to the COVID-19 health crisis.
  
  
• Their employment contract has been terminated for the dismissal cause provided in Art. 49.1k of Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers' Statute Act or due to dismissal by the employer, as provided in Article 11.3 of Royal Decree 1620/2011, of 14 November, regulating the special employment relationship of the family household service due to the COVID-19 health crisis.

If no services are provided, the domestic worker’s registration must be cancelled. Reduced working hours must also be notified to the Social Security General Treasury.

These notifications can be sent using the Deregistration in the Special System for Domestic Workers and Modifications/Corrections of workers’ data in the Special System for Domestic Employees services of the Social Security Electronic Office.

Temporarily, during the current situation caused by COVID-19, if no digital certificate or Cl@ve is available,  these procedures can be carried out by accessing the  Filing of other documents, applications and notifications (Social Security General Treasury) service without a certificate.

The procedure for processing subsidy applications does not establish the cancellation of registration in the Special System for Domestic Employees as a requirement to access the subsidy.

While the domestic employee is registered, they person responsible for payment must continue to pay contributions. The Social Security General Treasury will calculate payment and issue the relevant debit notice, regardless of whether the employee receives the extraordinary subsidy or not.

Also in the case of reduced working hours, the obligation to pay remains in force under the terms indicated.

Royal Decree-Law 11/2020 does not provide for exemption from the relevant payments to the Special System for Domestic Employees in general, nor  while receiving the extraordinary subsidy.

In order to receive the subsidy and accredit the situation, the domestic employee will need an affidavit signed by the employer or employers regarding the total or partial reduction of services.

Termination of the employment contract can be accredited by a letter of dismissal, notification of termination from the employer or documentation accrediting cancellation in the Special System for Domestic Employees of the Social Security General Scheme.

Documentation available on the SEPE website:

• Special System for Domestic Employees Information Sheet
• Application form instructions
• Application form.
• Instructions for completing the affidavit by the employer of workers in the Special System for Domestic Employees.
• Affidavit by the employer of workers in the Special System for Domestic Employees.
  

The monthly amount of the extraordinary subsidy for lack of activity depends on the remuneration received by the employee and the reduction of activity.

It will be 70% of the base rate for the activity no longer carried out and may not exceed the Minimum Professional Wage, excluding the proportional share of overtime.

In the case of partial loss of activity, the amount will be received in direct proportion to the reduction in the employee’s working hours.

If several jobs were carried out in this special system, the base rate will be calculated for each job no longer carried out. In this case, the total amount of the subsidy will be the sum of the amounts obtained by applying 70% to the different base rates of each job; this total amount is also limited to the Minimum Professional Wage.

Recognition of the extraordinary subsidy for domestic employees is managed by the Public Service of State Employment. The Resolution of 30 April 2020, published in the BOE on Monday, 4 May, develops the procedure for processing applications.

The application can be submitted from 5 May until the last day of the month following the end of the state of alarm. The Public Service of State Employment supports online filing, via the Electronic Office, provided you have an electronic ID, e-certificate, or cl@ve.

You can also submit the application, which can be downloaded and printed, at any register support office or post office, addressing it to the Domestic Employee Subsidy Unit, Dirección General del Servicio Público de Empleo Estatal, Calle Condesa de Venadito Nº9, 28027-Madrid, providing a photocopy of your identity document.

In both cases, a photocopy of the employer/s’ identity document must also be provided, along with the affidavit, letter of dismissal, notification of termination from the employer or documentation accrediting cancellation.

From the date on which the employee cancels their registration in the Social Security or their working hours are reduced due to the coronavirus crisis, as indicated in the Affidavit, until one month after the state of alarm or the date on which the employee resume work with their usual hours, provided the requirements for beneficiaries are met at all times during the period.

The extraordinary subsidy for lack of activity will be compatible with earnings from self-employed or employment activities undertaken at the time of their accrual, provided the sum of income from the subsidy and other activities does not exceed the Minimum Professional Wage, excluding the proportional part of that were being developed at the time of their earning. Provided that the amount derived from the income derived from the subsidy and other activities does not exceed the minimum Interprofessional Salary, excluding the proportional share of extraordinary payments.

It cannot be combined with the temporary disability subsidy nor the recoverable paid leave introduced by the Government between 30 March and 9 April 2020, inclusive, for workers employed by another person who do not provide essential services.