It is important that those who have a domestic worker, have it correctly registered in AFIP and with a blank salary, regardless of the number of hours of work or the modality of hiring that is had.
In this sense, when governed by a law it is common for doubts to arise both on the part of the employees and those who hire them. Concerns that have to do with the current salary, bonus, licenses, per diem, overtime, among others.
Here's everything you need to know so you don't lose sight of the rights and obligations of the employee and the employer.
It is important that those who have a domestic worker, have it correctly registered in AFIP. Photo: Lucía Merle
1. What are the risks of not registering the domestic worker in AFIP and what are the benefits of having her blank?
The employer who has his domestic worker registered or blank not only meets a tax requirement but also benefits from the human, because he is giving his employee the possibility of access to a health system, work insurance and retirement.
But it is also a benefit for the employer himself because with a small monthly sum he avoids entering into a conflict with the worker.
The regime of "private homes" includes workers who perform cleaning, gardening and care for the elderly and children, among other tasks.
According to labor lawyer Inés Notarstefano to Clarín, "when one registers the employment relationship between the employer and a worker in private homes, in addition to retirement and social work, the Occupational Risk Insurer (ART) is paid."
To learn about the step-by-step way of registering a domestic worker, click here.
When a domestic worker is employed, it is common for doubts to arise about the current salary, overtime leave, among others. Photo: Pexels.
2. What is the current salary of a domestic worker, and what happens with overtime?
-According to their schedule and responsibilities, in May they charge:
tag. Fifth category: the salary will be $ 794.63 an hour and $ 90,840 a month, with retirement. And $ 798 an hour and $ 101,013 a month, for staff without retirement.
tag. For the fourth category, that of assistance and care of people: $ 798 per hour and $ 101,013 per month with withdrawal. And $893 an hour and $112,569 a month without withdrawal.
tag. For those framed in the thirdcategory, that of landlords: $ 798 per hour and $ 101,013 per month.
tag. For the second category, task-specific personnel; $844 an hour and $103,533 a month with withdrawal. And $ 926 an hour and $ 115,250 a month for those who do not retire.
tag. For the first category, supervisors: $892 per hour and $111,439 per month for retired staff; and $977 and $124,131for those without withdrawal.
For more information on payments in June, click here.
With respect to overtime worked, when it exceeds the legal working day, which cannot exceed 9 hours a day or 48 hours a week, the remuneration will have a surcharge of 50% for each hour on common days and 100% on Saturdays after 13, Sundays and holidays.
3. Does the employer have to pay the employee's travel expenses in addition to the salary?
The regulations do not provide anything in this regard, but if the employer wishes to pay them, he can do so. In that case, you must leave them detailed in the employee's salary receipt, since they are part of the remuneration.
Overtime is paid when it exceeds 9 hours per day or 48 hours per week. Photo: Lucía Merle.
4. How long is the trial period?
The contract is considered "on probation" for the first 15 days for retired workers and 30 days for staff with beds.
Either party may terminate the relationship during that period without expressing the cause and without generating the right to compensation. The employer may not hire the same employee more than once using the probationary period.
In addition, the employer cannot avail himself of the probationary period if he did not register the employment relationship.
During this period, the provisions on coverage of non-work-related illnesses and accidents apply, except as provided for in article 46, paragraph j, of the Law (termination of contract due to permanent and permanent disability).
5. Is it the right to pay the Christmas bonus to the domestic worker?
All workers in private homes, monthly or hourly, who are in a dependent relationship must receive the complementary annual salary, known as aguinaldo.
The extra payment is divided into two: a half bonus in June and another in December. Each half bonus corresponds to 50% of the highest monthly remuneration received by the worker within each of the semesters.
According to the provisions of Law 26,844, the first installment is paid on the last working day of June and the second, on the last working day of December, when for the rest of the employees the deadline is December 18 (unlike June, which the limit is 30 for all workers).
If the provision of services is less than six months, it must be paid in proportion to the months worked.
To learn more about how a domestic worker's bonus is calculated, you can continue reading here.
The employer cannot avail himself of the probationary period if he did not register the employment relationship. Photo: Shutterstock.
6. How many vacation days does the employee have to attend?
From six months of seniority, the employee is entitled to paid leave of 14 calendar days. Then they will increase to 21, 28 and 35 days when the seniority exceeds 5, 10 or 20 years respectively.
How is seniority determined? The time worked as of December 31 of each year is considered. How are holidays counted? From Monday or the first weekly day of usual work.
They can be taken from November 1 to March 31 of each year and can be divided at the request of the employee to take them at other times of the year. On the other hand, the payment of remuneration for leave must be guaranteed before it starts.
To learn more about the holidays that correspond to the maid, continue reading here.
7. Are maternity or sick leave for a family member contemplated?
Domestic workers have the same protection as all workers in a dependent relationship in terms of maternity: 90 calendar days during the pre and postpartum period, if the birth is brought forward, the 90 days from that moment begin to be counted.
Dismissal without cause for seven and a half months before and after childbirth is prohibited, and a special compensation equivalent to one year's remuneration shall be payable in the event of violation of such prohibition.
During the period of leave, the employer will not pay the salary but the employee will receive a Maternity Allowance paid by the ANSES. But, for this body to pay her, she must, personally, do the procedure.
In addition, Law No. 26.844 provides for the following special licenses:
- For the birth of a child in the case of a male worker: 2 calendar days.
- Marriage: 10 calendar days.
- Death of spouse or cohabitant, children or parents: 3 calendar days.
- Death of brother: 1 day.
- To take the exam: 2 calendar days, maximum 10 per calendar year. Only for those workers who provide services for 16 hours or more. In other cases, leave is proportional to weekly working time.