The Spanish reforms on domestic work regulation

This paper analyses the latest Spanish reforms regarding domestic work. The Spanish legislator, doubtlessly influenced by the ILO Domestic Work Convention nº 189 – which, however, was not later ratified in Spain- made a deep reform on domestic work in 2011. This legal reform implied a striking change that affected both working conditions and social security of employees in the family home. The aim of this reform has been to bring the regulation in domestic work closer to the general regulation for other workers, although maintaining certain specialties. Regarding working conditions, their setting as “particular employment relationship” has been held. However, the differences between this relationship and the common ones have been reduced. As for social security, domestic employees have been incorporated into the General Social Security System, but with important specialties, thus erasing the Special Domestic Employees System. The paper also examines the legal changes that have taken place in this field after the new Government arose.

Migrant domestic workers, vulnerability and the law: immigration and employment laws in Cyprus and Spain

The intersection of gender, welfare and immigration regimes has been one of the main focus of a rich scholarship on paid domestic work in Europe. This article brings into the discussion the nexus of employment and immigration law regimes to reflect on the role of legal regulation in structuring and reducing the vulnerability of domestic workers. I analyse this nexus by looking at the cases of Cyprus and Spain, two states falling under the cluster of Southern Mediterranean welfare regimes, that share certain characteristics in terms of immigration regimes, but have substantially different employment law regulation models. The first part sketches the debate on the employment law regulation of domestic work. The second part starts by giving an overview of the immigration regimes of Cyprus and Spain in relation to migrant domestic workers and then proceeds to analyse the two countries’ models and substance of employment law regulation in domestic work. The comparison of these two divergent approaches informs the debate on how the legal regulation of domestic work should be best structured. In Spain there have been recent dynamic legislative changes in the employment law regulation of domestic work. The final part of the article traces these changes and reflects on why such processes have not taken place in Cyprus.