Finalize the Domestic Service Contract
Termination of the Household Employee's contract
Now know the various reasons for Termination of the contract of the domestic employee.We can say that both employer and employee can terminate the contract and there may even be an agreement between them to end the domestic service contract.
Reason for
termination of the contract of the domestic worker
- By mutual agreement of the parties
- When it reaches its maximum duration
- For reasons that have been consigned in the contract itself, provided they are not abusive.
- Due to the resignation of the domestic employee (it is recommended to give 15 days notice or to specify another in the contract without abusing the number of days. Royal Decree 1620/2011 does not say anything in this regard and you have to be to those indicated in the Statute of the Workers)
- For disciplinary dismissal (It can be declared inadmissible)
- As a consequence of the death of the employer or employee or situation of permanent disability of this
- For being the domestic worker a victim of gender violence and not being able to go to work
- Dismissal due to withdrawal from the employer (May be declared inadmissible)
- Due to the employee's retirement
Add that, for example, objective causes are not applied in this Special System for Household Employees, nor others other than those mentioned because they are not compatible with this type of labor relationship.
However, we are going to stop at the withdrawal of the employer. It is the legal figure that is most used in the termination of the contract of the domestic employee
If you like, download the model for the latter case here. This is the end of the employment relationship proposed by the employer without alleging additional causes. Therefore, download the file now if this is your case.
It is based on a formality in that it has to be communicated in writing, with a prior notice that will depend on the time that the domestic employee has been providing the service. It will be 20 days if you have been working for more than a year and 7 days if the benefit has been carried out with less seniority. You can also not notify and pay this notice.
As for the compensation, it will depend on when the contract was made. If this was before 01/01/2012, the compensation is seven days of salary per year of work with a limit of six monthly payments. If the contract was signed after that date, we speak of 12 days per year of service with the same limit as in the previous case.
If the termination of the contract has not been carried out following the formalities, it could be declared as unfair dismissal. This means an indemnity of 20 calendar days for each year worked with the limit of 12 monthly payments.
Ultimately, there are various reasons why the employment relationship can be terminated. One of the most used is the withdrawal of the employer and here we provide you with the documents. If you wish, we can help you with our professional management in the termination of the domestic employee's contract.
