Paying social security benefits to domestic workers will be mandatory if the Supreme Court goes along with a proposal under consideration.
Most domestic workers, mainly women working as housekeepers, do not receive benefits for which other employees are legally entitled. Justice Alberto Pérez Dayán has recommended the court nullify an article in the federal Social Security Law that makes paying benefits to domestic help voluntary.
Pérez’s proposal argues that there is no constitutional justification to exclude that class of worker.
“It’s not just a discriminatory action that perpetuates and reinforces the social marginalization of women who work in homes but also a rights violation that cannot be overcome simply because said workers can access the voluntary regime,” the proposal says.
It is unclear if a majority of judges will support the proposal, according to Reforma.
The matter goes before the bench on Dec. 5, the court’s final session for the year.