Discover how the reform of the Regulations for Domestic Employees works: Keys to Royal Decree 893/2024

Royal Decree 893/2024, which reforms the regulations for domestic workers, marks a new step towards the full equalisation of labour rights between domestic service workers and the rest of employees in Spain, which began in 2022 when, among other benefits, the right to unemployment benefits and temporary disability from the first day of sick leave was recognised for workers included in this Regime.

Main New Features of Royal Decree 893/2024

Health protection and prevention of occupational risks: Defines the right to safety and health at work, taking into account that domestic workers carry out their work in homes that do not have a business entity of the employer and recognizes the right to health surveillance for domestic workers.

• To facilitate the implementation of these new rights and to ensure that they do not represent a burden for families and employers, the necessary public instruments will be made available through a platform managed by the National Institute for Safety and Health at Work (INSST):
• The Ministry of Health will promote the inclusion of free voluntary medical examinations for each worker, even when providing services on behalf of several employers, in the portfolio of common services of the National Health System.
• The INSST will develop a free tool that will help employers comply with their obligations regarding risk assessment and a technical guide for the prevention of occupational risks in domestic work .
• A protocol in case of harassment prepared by the INSST will be made available to workers.
• To guarantee the right to free training , the State Public Employment Service (SEPE) will publish a free tool.
• The employer must provide domestic workers with appropriate work equipment (PPE) for the performance of their duties and will adopt the necessary measures to ensure that it can be used safely.

Entry into force

The obligations set out in the Royal Decree shall not be enforceable until six months have elapsed since the National Institute for Health and Safety at Work (INSST) has made available free tools that will help employers comply with their obligations relating to risk assessment and training rights, and with respect to free voluntary medical examinations, they shall only be applicable when the regulatory provisions relating to the performance of medical examinations within the framework of the National Health System are developed.

Challenges and Considerations for Employers

From the employer's perspective, this new regulation requires significant adaptation to meet the new obligations and ensure the well-being of domestic workers. Although the decree offers greater security for domestic workers, employers also face challenges.

Compliance with occupational risk prevention regulations in a domestic environment can be a technical and logistical challenge. However, the decree provides for the creation of public and support tools, such as the creation of a digital platform to facilitate the management of these obligations.