Improvement of PHS workers’ rights in Spain News Improvement of PHS workers’ rights in Spain

Improvement of PHS workers’ rights in Spain

3 October 2022

On 6 September 2022, the Spanish Council of Ministers, in collaboration with the sector’s trade unions, approved a Royal Decree strengthening the social rights of PHS workers.

It includes recognition of the right to unemployment benefit and protection against employer insolvency or bankruptcy, through the Unemployment and Wage Guarantee Fund (FOGASA). It also includes the right to prevention of occupational risks and the right to training. EFFE’s General Secretary, Karmele Acedo also underlines that this law tackles another major issue, namely the right to health and security at work.

While it intends to grant them the same rights as other employees, the decree does not overlook the specificity of employers in the sector. Thus, they will benefit from reduction of 80% of their employer’s contributions to unemployment and to the Unemployment and Wage Guarantee Fund (FOGASA). In other words, families will not suffer from new PHS workers’ rights.

The changes will be financed by the State Public Employment Service (SEPE) and a new law to adapt this reduction to the characteristics and income of families will be drawn up in the next 6 months.

According to the latest data published by the Spanish social security system, this law will affect more than 370,000 affiliated workers, 95% of whom are women, recalls Yolanda Diaz, Spanish Minister for Labour and Social Economy.

This law will enter into force on 1 October. It should precede Spain’s ratification of Convention 189 of the International Labour Organisation (ILO), which is supported by EFFE. To date, only eight EU Member States have ratified it.


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