The Court recognizes unemployment benefits for a domestic worker dismissed before the legal reform

The Superior Court of Justice of the Canary Islands (TSJC) has issued a ruling that could represent a milestone in the recognition of labor rights. This concerns the case of a domestic worker who was dismissed in September 2021, a year before Spanish law included this group in unemployment protection.

Until the entry into force of Royal Decree-Law 16/2022, domestic workers were excluded from the contribution system for cessation of activity. This left thousands of workers unable to apply for unemployment benefits. Consequently, the SEPE denied benefits to this worker, arguing that there was no legal coverage at the time of dismissal.

However, the TSJC has overturned this denial based on principles of EU law, equality, and gender perspective.

Main arguments of the ruling:

• Application of European Law: The court considers that Spanish regulations violated the principles of equal treatment, therefore directly applying CJEU case law.

• Indirect discrimination: Under an apparently neutral rule, a disadvantage towards women, the majority in this type of jobs, was perpetuated.

• Legislative insufficiency: The 2022 legal reform was deemed insufficient for not providing a solution for workers who were left out of the system before its entry into force.

• Mandatory gender perspective: Emphasizing the need to interpret the law more favorably for historically discriminated groups.

This ruling by the TSJ of the Canary Islands, in line with other courts such as those in Galicia and Navarra, establishes a solid foundation for future claims by domestic workers dismissed before the reform to succeed. Companies, advisory services, and managing entities must be prepared to review similar cases and adjust their evaluation criteria