The Basque’s Superior Court of Justicia declared the dismissal of a maid who was dismissed from work after a few days due to an appendicitis operation, according to the digital news newspaper Work. The case, which occurred in Spain, raises parallels with situations that can also occur in Portugal, where the law provides reinforced protection for low -medical workers.
The woman worked as internal in a house in Bilbau since December 2022, with indefinite contract, receiving a gross salary of 1,134 euros. Nevertheless, it was not registered with social security and had no residence permission or work, an irregular situation that can also be found in Portugal at home work.
In the neighboring country, as in national territory, maids are required to be legally contracted and declared. Otherwise, families risk fines.
The operation and dismissal
In October 2024, the worker was operated on an appendicitis. After hospital discharge, he had not fully recovered when, on October 12, he was dismissed verbally by the employer.
According to the source mentioned above, messages exchanged by WhatsApp, included in the lawsuit, confirmed the decision: the employer said he could not expect the recovery, justifying that she had to guarantee immediate care for the mother, whom the worker was responsible.
First court decision
The employee filed a complaint in the JUZGADO of LO SOCIAL No. 12 of Bilbau, which declared the null dismissal. The decision forced the employer to pay more than 8,400 euros, including compensation and processing wages.
However, the court of first instance refused to attribute a compensation for moral damages, leading the worker farewell to appeal to the Basque Superior Court of Justice.
The decision of the Superior Court
The superior magistrates confirmed that the dismissal was null and void, stressing that it was a violation of the fundamental right to physical and moral integrity. The court, according to the same source, understood that it was not legitimate to dispense with a worker for being temporarily unable to perform duties after surgery.
In addition, they set a compensation of 7,000 euros for moral damages, adding to the values already assigned in the first instance.
Debate on the value of compensation
According to, despite the majority decision, one of the magistrates considered that the compensation of 7,000 euros was too high in the context of a domestic work relationship, defending a value of 2,500 euros. Still, the position of setting the highest compensation prevailed.
Parallelism with Portugal
In Portugal, labor legislation also considers any dismissal based on a disease or a low medical. In these cases, the worker may require reintegration or compensation, as well as the salaries he failed to receive.
It also has the powers to oversee irregular domestic work situations, and the warnings about the need to formally register internal employed.
Also read:
