Dismissal of Household Employees: The Importance of Notice and Compensation

A recent ruling by the Galicia High Court of Justice confirms that if notice is not given, financial compensation must be provided. Find out when this obligation applies and what rights employment law protects.

Dismissal of Household Employees: The Importance of Notice and Compensation

Dismissing a household employee must comply with certain legal requirements, including providing prior notice. However, this right is often overlooked, which can lead to employment disputes.
 
The Case: Dismissal Without Notice
Situation: The employee had been working as a household worker since 15 December 2021.
Date of dismissal: Her contract was terminated on 31 December 2023, but the official communication of the dismissal did not arrive until 2 January 2024.
Reason for dismissal: The employer claimed that, due to the deteriorating health of the head of the household, they required specialised care that the employee was unable to provide.
Employer's decision: To avoid legal issues, the dismissal was acknowledged as unfair, and compensation of 33 days per year worked was paid.
Employee's claim: Despite receiving the dismissal compensation, she demanded an additional payment for the 20 days of notice that had not been granted.
This case highlights a common mistake: confusing dismissal compensation with payment for the lack of notice, when in reality, they are distinct obligations that must both be fulfilled.
 
The Legal Dispute: Is Notice Mandatory?
To understand the employee’s claim, it is essential to review the applicable legal framework, in this case, Royal Decree 1620/2011, which regulates employment relationships in the domestic sector.

  • Article 11.2: Allows contract termination if there is a substantial change in family circumstances, justifying the end of the employment relationship.

  • Article 11.3: States that, in such cases, the employer must provide at least 20 days’ notice (or 7 days if the employee has been in the role for less than a year). If this notice is not given, the employee is entitled to financial compensation equivalent to the missing days.

In other words, if a family decides to dismiss a worker for justified reasons, they must either provide advance notice or compensate them for that period.
 
Tribunal’s Decision
The Galicia High Court of Justice reviewed the case and decided to partially overturn the initial ruling, ordering an additional €840 to be paid to the employee as compensation for the lack of notice.
Key Points of the Ruling:
  1. The contract termination was based on a change in family circumstances, which is legally recognised, but this does not exempt the employer from complying with the notice period.
  2. Although the employer acknowledged the dismissal as unfair and paid compensation, this does not replace the obligation to give notice or provide financial compensation.
  3. Since the employee did not receive the required notice period, she was entitled to be compensated for those unnotified days.
This ruling reinforces the principle that employment regulations in the domestic sector must be fully respected, preventing misinterpretations that could disadvantage workers.
 
Conclusions and Recommendations
This case offers several lessons for both employers and household employees:
For Employers:
  • It is crucial to understand the applicable regulations and not assume that paying dismissal compensation covers all legal obligations.
  • If dismissing an employee for justified reasons, the notice period must be respected, or financial compensation must be provided instead.
For Household Workers:
  • Knowing and defending your employment rights is essential, particularly regarding contract termination.If the notice period is not respected, you are entitled to claim compensation, as confirmed by this ruling.
If you need legal advice on similar employment matters, Valero Tax Legal is here to ensure that all parties comply with their rights and obligations.
Email: info@valerotaxlegal.com Phone: 972 697 790 WhatsApp Business: +34 644 76 97 24 Website: www.valerotaxlegal.com Source: High Court of Justice of Galicia – Ruling of 17 October 2024 (Rec. 3576/24, EDJ 736413).

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