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If you have a cleaner for your house in Spain, you need to complete a risk assessment this week
The new rules for domestic workers come into effect across Spain this Friday November 14, and there are big fines for non-compliance
In September last year, Spain approved new legislation aimed at guaranteeing that domestic workers are protected against the dangers and hazards associated with their jobs, just like all other employees.
Now, employers of cleaners, even those in private homes, must complete an occupational risk assessment for their staff by Friday November 14.
According to sources at the Ministry of Labour, the fine for failing to conduct a risk assessment for domestic workers starts at €2,451 if there are no aggravating circumstances. If aggravating circumstances exist, the penalty will range from €24,586 to €49,180.
The procedure, which will impact more than 350,000 households across Spain that employ cleaners, is being spearheaded by Minister of Labour, Yolanda Díaz.
Incidentally, Minister Díaz is also taking aim at alleged staff abuses by several tech giants including Amazon, and the government is planning a series of check on their Spanish facilities, including the logistics centre in Corvera.
The risk assessment, which is free of charge, will need to be completed online by the employer through the Prevención10.es website. It’s intended to be straight-forward and cover all the tasks and duties entrusted to both live-in and shift workers. The staff themselves will also have access to a new online tool that allows them to self-assess their working conditions.
As for the workplace assessment itself, potential risks within the home will be identified through a series of questions, and the online platform will then suggest improvements that can be implemented to mitigate them.
Employees will have to state who is responsible for actioning these measure and provide a time frame for their completion.
The risks are colour-coded; those marked in red require immediate priority for preventative measures because they jeopardise the lives or safety of the workers.
Once the questionnaire is completed and the assessment is validated, the system provides an editable risk document with employer data. One copy must be given to the worker and another must be kept at the home, in case it is requested during a labour inspection.
The authorities have also posted different useful materials, like fact sheets explaining personal protective equipment (PPE), an interactive tutorial on preventive measures and guidance on how to conduct the risk assessment, on the Prevención10.es website.
There is also a dedicated phone line, 'Stop Workplace Risks,' to answer any questions you may have. The number is 91 3634300 and it is available on weekdays from 9am to 2pm.
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With over 20 years of experience in helping both residents and non-residents in the Costa Cálida with all of their conveyancing, tax, inheritance and family law needs, the team at PALS Solicitor have become one of the most trusted and reliable in the Region of Murcia.
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Other legal advice
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