The benefit guarantee for professional contingencies in the special system of household employees: ordinance and application questions

Abstract

The current legal regime of corporate responsibility in the area of social security benefits constitutes an incomplete mosaic of norms of different origins - pre and post constitutional - inseparable from an extensive jurisprudential doctrine that gives it content, to the point that we could say that the referenced doctrine constitutes the manual of interpretation, integration and adaptation of the body of rules, with the inevitable contradictions.

Within the referenced general framework, the regime of corporate responsibilities for breach of the obligations of legal relationship and contribution, is modified only for the Regime (today Special System) of Domestic Employees and only for professional contingencies. In this way, the employer's benefit liability is replaced by the direct recognition of benefits by the competent entity, together with the maintenance of the debt arising from contributions and the application of the corresponding administrative sanction.

The study of the applicable regulations allows us to investigate the purpose of the reform, its application and derived effects, as well as the legal technique used and its scope.