Is the administrative control of the work of household employees adequate ?: action in the matter of the spanish labor and social security inspection in the period from 2006 to june 2020

Abstract

This paper analyzes in depth, from an unprecedented perspective, how the monitoring and control of all working conditions of workers who provide their services is articulated quantitatively and qualitatively within the scope of the current division number 97 of the National Classification of Economic Activities, (CNAE), previously referenced as number 95: “activities of households as employers of domestic staff”. An administrative surveillance and control, not including that of effective judicial protection, which is assumed in Spanish law by the Autonomous Body "State Agency for Labor and Social Security Inspection" (OEITSS). A long period of time has been scrutinized: from 2016 to June 2020. A considerable period of time that allows us to conclude the evolution and trends of administrative intervention in the safeguarding of the rights of those workers.

The author has obtained enormous information, which he has systematized to provide it with investigative coherence, through the empirical data provided by this institution through its submission through the transparency portal of the General State Administration, in addition to, secondarily, the following sources: the annual reports that the OETTSS has sent to the International Labor Organization from 2005 to 2018; as well as the statistical information on the corporate websites of Social Security and the National Institute of Statistics (INE).

Information that will make it possible to deduce and deduce whether the administrative supervision over labor relations, expressed mainly through how the OEITSS acts in the field of economic activity of division No. 97 of the CNAE, minimally guarantees an adequate level of protection on the rights of workers in this area.