In this article we will look special legal regime that governs domestic service. Requirements to be included in it. Extinction of the link. Compensation. Benefits. And other prevailing wage scale.
First, we must clarify that domestic service is excluded from the scope of the Act Contract Labour (see art. 2, L. 20 744), so that its provisions are not applicable regulatory body. Also, domestic service is regulated by Decree-Law 326/56 and its regulatory decree 7979/56.Éste special regime governing domestic service states in its first article, to be considered as domestic service workers must that:
The worker provides services within the domestic and imported no gain or economic benefit to the employer.
a. The worker has at least one (1) month old
b. The worker works at least four (4) days a week. C.
The worker works at least four (4) hours per day.
In the event that a domestic worker performing services in, for example, a doctor, is not applicable to this regime but is governed by the LCT. Thus, the sine qua non, the service, indeed, should be provided in a home. It is also necessary that the worker has worked at least one (1) month, four (4) days per week, four (4) hours per day, all together, otherwise it is considered domestic worker, but the relationship is governed by the Civil Code, so it does not apply even in this regime.
All requirements must occur simultaneously. For example, a worker who works in a home for 6 months, 6 days a week, 2 hours per day, is not considered as domestic service workers who do not meet the requirement of working, at least 4 hours per day. Ditto for the worker who works in a home for 3 months, 3 days a week, 6 hours per day, being in this case, that does not meet the minimum days of work per week: four.
short, if not met with a: is considered an employee under the regime of Contract Law Work, if not satisfied with b, c and d: is considered employed.
without removal of the domestic worker
This special scheme focuses on domestic service without removal or, as commonly known, "in bed." Employees may, of course, to agree with the employer, to live with his family in the home that provides services, and members thereof shall not be considered employees. It also may reduce the salary of the worker under the giving of shelter and food for their families.
then because of its clarity, is reproduced in art. 4 of Decree-law in question:
Clause 4. - All persons employed in domestic service without retirement, enjoy the following benefits:
a) Rest day night of 9 consecutive hours, and that can only be broken by serious or urgent cases. In addition, enjoy a rest period of 3 hours between morning and evening tasks,
b) Weekly twenty-four hours straight or failing two half days per week to fifteen hours after taking into consideration set needs Employee and the employer;
c) A continuous period of annual leave with payment of the fee agreed to:
1) Ten days old when the employer's service is more than a year and not exceeding five years;
2) Fifteen days when the old is more than five years and not exceeding ten;
3) Twenty days when the old is more than ten years
4) During the holiday period, when they have been agreed performance Room and board paid by the employer, the latter may be subject to agreement between the parties. Not reach an agreement the employer, at its option, may replace the aforementioned benefits, or one of them, by their equivalent in money. The employer has the right to set the date of the holiday, and must give notice to the employee with twenty days in advance.
d) sick pay for up to thirty days in the year, as of the date of admission, the employer must ensure that the employee receives the necessary medical care, which will be in charge of the latter. If the disease was contagious, the employee must penetrate in a hospital;
e) The room is furnished and hygienic;
f) healthy and sufficient food;
g) One hour a week to attend their worship services. Domestic workers to enjoy the retirement benefits set forth in subparagraphs b) and c)
Rights and obligations of the parties
The obligations of domestic workers are consistent with common sense and to act in good faith. Specifically, the decree-law establishes duties honesty, respect, maintain confidentiality of private things in the family that the worker could get to take notice as the reason for their work and fulfill their tasks, only to be responsible for damage caused by fraud, fault or negligence.
Failure to comply with these obligations or other injuries that threaten the security, honor or interests, among others, the employer and his family, he holds the possibility of terminating the relationship without notice or payment by severance. Also, the employee may be considered dismissed and entitled to due severance pay and notice, if the employer does not comply with obligations or he or his family ill-treatment given to it.
Extinction of the link.
Compensation From the ninety (90) days, the link can not be dissolved without any notice. The notice shall be five (5) days if the employee had less seniority than two (2) years and ten (10) days if the employee exceeded two years. During the period of notice the employee will be entitled to make use of two hours daily on their behalf with the aim of finding a new job, obviously, must comply with their duties. If the employer fails to grant the termination notice should their compensation and employee, and eventually his family must vacate within 48 hours. It is important to clarify that the duty of unemployment within 48 hours even if the worker remains is created with the right to receive payment of notice and / or compensation, and it has not been made.
Summarizing the above:
From 90 days to 2 years old: 5 days notice or compensation.
From 2 years old and older: 10 days of notice or compensation.
In case of dismissal, and only since a year ago, the worker is entitled to a severance pay of half a month's salary per year of service or fraction greater than three (3) months. This last expression, more than three months, means that after three months in advance is counted as one year for the purposes of calculating severance pay. To be, eg., If labor 1 year and one month, corresponding half pay, in case of working 1 year and 4 months and under two means wages, or, put another way, a salary.
Wage Scale
From November 2008 salaries, which must be paid within ten (10) days in arrears, will be:
FIRST CLASS $ 1,404.00 .- (8am staff retreat)
FIRST CLASS $ 1,565.00 .- (personal without removal 8am)
(governesses, tutors, housekeepers, housekeeper, butler, bridesmaids and nurses)
SECOND CATEGORY $ 1,303.00 .- (8am personal retirement)
SECOND CATEGORY $ 1452.00 .- (person without removal 8am)
(Cooks specialized mucamos / as specialized, specialized nurses, valets and doormen resorts)
THIRD CATEGORY $ 1273.00 .- (8am personal retirement) THIRD CATEGORY
$ 1,142.00 .- (personal without removal 8am)
(Cook / ra, mucamos / as, auxiliary nurses in general for all work, assistant / as, home and gardens)
CATEGORY FOUR
1142.00 .- (Learners generally 14 to 17 years age)
CATEGORY FIVE $ 1,142.00 .- (work by 8am) - $ 8.70 .- (per hour)
(Personnel working daily withdrawal).
minimum wage for support staff in the specialty houses ironing laundry cleaning staff:
work for up to 4 hours per day $ 571.00 .-
Every hour in excess of 4 hours per day is paid in installments of $ 8.70 .-
Concluding Remarks
The domestic worker is also entitled to enjoy an annual salary supplement, known as bonus, or proportional as appropriate.
A Domestic Tribunal under the Ministry of Labour, which may appeal to individual disputes between domestic worker and the employer.
Finally, it is important to remember that domestic workers are governed by this statute, are excluded from the scope of application of the Labor Contract Law. This implies that it will apply its principles, eg. the operator is doubt, the under which to at-doubt that can not be cleared, the interpretation will always be favorable to the worker. This principle becomes important when eg. The paper argues that worked 4 hours, and the employer says he worked 3 hours, here is not going to play, in case of doubt, in favor of the worker, it should certainly prove that the number of hours worked which claims to have worked.
Source: http://www.laboralis.com.ar/
