The Ministry of Labor regulated DNU 90/2023 that extends retirement and pension benefits, and grants the staff of Private Homes the right to collect unemployment benefit.
It did so through Resolution 670/2023, signed by Minister Raquel Kismer, published this Monday in the Official Gazette.
As Clarín reported last week, the staff of Casas Particulares registered, with contributions of less than 16 hours per week, will be able to retire, have coverage for disability and death, without the need to make additional or voluntary contributions as they should do until now, according to DNU 90/2023 of last February that set June 1 for the entry into force of this benefit.
Meanwhile, for the previous periods performed with less than 16 hours per week, these workers will be recognized as months or years of service to complete the required 30 years and the difference between the contribution entered and the total contribution will be deducted from the social security credit.
The measure represents a kind of "moratorium" for registered employees with less than 16 hours per week of work.
The Labor Regulatory Resolution establishes that "the debt for contributions not paid will be deducted, by the ANSES, from the pension obtained benefit, applying a monthly charge equivalent to 20%, until its total cancellation. If there is room for the collection of a retroactive from a first settlement of the pension benefit, the entire amount may be affected to the payment of the debt. "
Meanwhile, also as of June 1, in the case of dismissals without cause, the staff of Casas Particulares will be entitled to receive unemployment benefit under the same conditions as the rest of the employees.
The regulatory resolution clarifies that a legal situation of unemployment is also considered in cases "of death of the person whose personal assistance or accompaniment would have motivated the hiring of workers of the Special Employment Contract Regime for the Personnel of Private Homes".
According to INDEC data, there are 1,700,000 workers in private homes. Of this total, according to official data, those registered with Social Security total 500,000, mostly women, of whom 32.5% have partial contributions lower than the amount required to access the coverage provided by the system.
As a result, this measure initially benefits 165,000 workers.
Until now, in order to have access to effective pension coverage, including disability and death, workers in private homes had to have contributed for the amount set in the category "16 hours or more". And in the case of submitting partial contributions (less than 12 hours or between 12 and 16 hours per week), they had to make "voluntary contributions" to complete the required sum of 16 or more hours.
This voluntary contribution is eliminated forward and for the previous periods a kind of "moratorium" is established, with the discount of the pension debt.
For their part, domestic staff will be entitled to receive unemployment benefit, from which they were excluded until now, in the event of being dismissed without just cause.
The monthly economic benefit has a maximum component of $ 40,733.88 and a minimum of $ 24,440.33 (depending on the Salary Received), values that are updated with the Minimum, Vital and Mobile Wage.
During the collection of this insurance, which depends on the months contributed, the coverage of the social work and the payment of family allowances are maintained.
The amount and amount of installments vary between 2 and 12, and are calculated according to the income and months worked (with contributions) during the last 3 years. Workers over 45 years of age are paid for 6 more months.
The regulatory resolution establishes that "in the event that the monthly amount of the remuneration corresponding to the workers of Private Homes cannot be accredited, the amount of the unemployment benefit will be determined "according to the values of the minimum hourly and monthly remunerations corresponding to the Personal Professional Category for General Tasks under the modality with retirement".
In turn, with the update in June of the employer's contributions that are destined to Social Security, the AFIP will set an additional to finance the payment of that unemployment insurance and at the same time the payment of the pension according to the number of weekly hours worked.
Employers reached by Earnings may compute the remuneration and employer contributions of the staff of private homes as deductions from the income tax base. The annual limit of the deductible amount is equal to that of the non-taxable gain.
Of the 1.7 million jobs in private homes, 97% of people are women and 58% are under 45 years old. 70% of labor relations in the sector are undeclared, according to the Ministry of Labor.
Women workers in private homes represent 6.5 per cent of the total employed population and 15 per cent of employed women.
Among the unemployed population with previous employment, 12 per cent were engaged in domestic work before the termination of the employment relationship.
SN
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