The General Council of the Judiciary (CGPJ), the governing body of the judges, has updated the web application that allows calculating the compensation for termination of the employment contract to the latest reform of the special regime of the home service, modifying the guide and the form to adapt them to Royal Decree-Law 16/2022 of September 6.
The link to the form for calculating the amount of labor compensation for termination of the employment contract for domestic employees allows calculating the compensation for, among other reasons, unfair dismissal, termination of the contract at the will of the worker, termination due to objective reasons, collective dismissal, geographical mobility or substantial modification of working conditions, among others.
In all cases provided for in the law, the rules remain as they were: compensation of 12 days per year worked with a maximum of six monthly payments and 20 days' notice if the employment relationship is longer than one year (if not, it is enough to seven days).
The changes introduced by the Royal Decree-law affect the termination of this employment relationship that occurred after September 9, 2022. In order to adapt the computer tool, adaptations of the practical guide and the form have been introduced, that are operational from today on the website of the governing body of the judges and that allow distinguishing the corresponding compensation according to the termination of the contract that occurred before or after September 9, 2022.
"Royal Decree-Law 16/2022, of September 6, equates the working conditions of these people to those of other employees, especially with regard to dismissal due to withdrawal by the employer (unfair dismissal), whose causes will now be those established by the Workers' Statute plus others such as the decrease in income or the increase in expenses incurred in the home, the substantial modification of needs or the justified loss of confidence," the CGPJ said in a statement made public today.
The computer application had already been modified on previous occasions to include compensation related to permanent-discontinuous work and the special employment relationship of the family home service.
"Now the latest legislative changes are adapted to a tool that is available to members of the Judicial Career, lawyers, social graduates, attorneys, unions, workers, companies, Administration lawyers and citizens in general and that provides legal certainty, since Although its results are not binding, it makes it possible to know the compensation that corresponds to each contract according to the causes of termination assessed by law and based on the current jurisprudential doctrine that interprets it," the judges explain.
To calculate compensation, you must enter the start and end dates of the employment relationship and one of these three pieces of information on the first screen: the salary corresponding to the last month worked, including the proportional part of the extraordinary payments; the annual salary resulting from multiplying the previous amount by twelve; or the daily salary, which is obtained by dividing the annual salary by 365 (or 366 if it is a leap year).
On the next screen, two different forms will appear: