Even without registration in Spanish Social Security, and even without permission of residence or work, receives compensation for the decision of the employer.
The case happened in Spain. The woman in question worked in a house to take care of her boss’s mother. With an endless contract, I received an illiquid monthly salary of 1,134 euros.
The origin of the process was almost a year ago: on October 3, 2024, the maid was operated on the appendix.
Four days later was discharged, left the hospital but, just a week after the discharge, was farewell. The dismissal was just the day after the appointment to take the points.
The dismissal was done in a conversation on WhatsApp: “I can’t take it anymore. I work and my mother is my responsibility; I have to take care of her […]. Sorry, I can’t take it anymore. I have to solve my problems. And I think this is the only solution; I won’t walk in circles, ”said the boss.
The maid did not conform to this decision and took the case to the courts. The Bilbau Social Court stated that a dismissal without just cause; condemned the (former) employer to pay a compensation of more than 8 thousand euros: 2,751.12 € of compensation for termination (at the rate of 43.50 € per day) and € 5,655 of procedural fees.
The worker also insisted on the case and, by decision of the Basque Superior Court of Justice, received additional compensation for moral damages, reports the.
This second court understood that the employer violated the fundamental right to physical or moral integrity – was failed to inability to provide services due to an appendicectomy – and agreed with compensation for moral damages because they are “intrinsically linked” to the violation of a fundamental right.
This compensation for moral damages is 7.000 euros. I.e, In total receives more than 15,000 euros.
The worker It was not registered with social security and had no permission of residence or work.
