Household Registration Staff.
I. - Scope
As we know, the decrees 326/1956 [1] and 7979/1956 [2] are the main rules governing the activity of the domestic staff. While the former provides the basic guidelines of the so-called "Statute of domestic service," the second they operate.
A reading of those laws arises who should be considered within the special status. Are those who perform household tasks within the residence of the employer who are governed by statute.
On the contrary, are expressly outside the scope status: a) Employees and workers of both sexes who provide services related to commercial activities of the employer or preponderantly (art. 1 dec. 7979/56), b) those employees whose service delivery amount for the employer gain or profit; c) workers rendering services for less than a month, working less than four hours per day or do it for less than four days a week for the same employer; d) persons related to the owner house e) workers employed exclusively for nursing and driving.
There is also an express prohibition: there can be hired as employees in domestic service children under 14 years.
II .- The registration of domestic service employment.
a) The common and popular imagination to reality.
is very common in our country that families hire domestic staff without making corresponding registration. And the truth is that practice makes us listen to various reasons why this process is not carried forward.
The lawyers, once unleashed a conflict, we heard that there was no registration because it is very expensive to do, that in reality the employee would not be recorded, that the employee expressly refused even to be registered, because I charged an unemployment simultaneous and do not want to lose him, that if the worker recorded directly could not afford and then all the logistics had been deranged family. Nor need the employer-contrary to the demand for the arts. Code 3 and 20. Civil-say they did not know that these employees should be registered or necessarily accrued a minimum wage. Any way
more: some believe that undocumented immigrants are not entitled to any claim for dismissal, why they feel "safe" against the possibility of claims and even indignant when take notice of what really happens [3] .
The truth is, in fact, to register a domestic relationship is not as expensive, problematic and cumbersome (and yes, on the other hand, could qualify for anything that involves a contract itself).
b) What steps can be taken
The upside of this is that there is a relatively simple mechanism that spares us all the stories mentioned above:
The first step is to get the number of CUIL of who will provide the service. As we know, this is a number that differs only in some digits on the national identity.
The worker (or workers, of course) that we had already not difficult DNI at this point: only detract go to any office and get the CUIL ANSES. Naturally, who had not yet obtained the DNI, should get it.
Many employers may find a barrier unavoidable at this point: What if the employee or worker is unable, or unwilling for any reason disqualified from handling your ID? The best advice is not to hire that employee.
course, is not that the illegal immigrant is unable to conclude the contract or providing services; happens if they do that would inevitably be a relationship of domestic service without registering.
Let us then retrace our steps. Once CUIL obtained, the employer verifies what the contribution corresponding to the nature and time of the tasks, which must be completed AFIP Form 102 [4] .
To this end, it should be noted that the MTESS set minimum wages for service personnel, ranging from $ 610 to $ 750. Apply from 1 September 2006.
MTESS Resolution 962/2006 sets a rate that should be paid to staff of each of the five categories listed in the resolution 962/2006:
· FIRST CLASS: $ 750.00 (governesses, tutors, governesses, housekeepers, butlers , bridesmaids and nurses).
• Second CATEGORY: $ 696.00 (Cooks specialized mucamos / as specialized, specialized nurses, valets and porterosde resorts).
• Third CATEGORY: $ 680.00. (Cook / ra, mucamos / as, nannies in general aids for all jobs, assistant / as, caserosy boxes)
· ROOMS CATEGORY: $ 610.00 (Learners generally 14 to 17 years old)
· Fifth CATEGORY: 8 or more hours per day $ 610.00 or $ 4.65. per hour. (Staff working daily with withdrawal).
The resolution also determines the minimum amount for domestic staff private home or assistant who works for Time:
work for up to 4 hours per day $ 305.00.
Every hour in excess of 4 hours per day shall be paid at $ 4.65.
With the printed form and complete the above amount is payable at any bank or "Pay Easy" was subsequently given two tickets, one for work and one for the employer.
The next day, the employee must choosing a social work, a procedure that must be taken forward with the presentation of six options and will be annotated with the ticket is your proof of contribution.
III .- Costs, Benefits and conclusions.
As explained, the procedure is relatively simple to develop and not even very expensive. Consider the following table, which summarizes the costs involved:
weekly working hours
Contributions
Contributions
Total
6 to 12
$ 8
$ 12
$ 20
12 to 16
$ 15
$ 24
$ 39
More
16 $ 20 $ 35 $ 55
Registration link implies benefits to both parties.
III .- a) Benefits to the employee or the employee
25239 The law provides several benefits for registered domestic work, including: Medical
· Coverage $ 240 · Retirement Retirement Proportional
· of $ 120 to 232
· Removal for disability and pension
· The PAMI social services when you get the retirement benefit.
III .- b) Benefits to the employer.
As we know, lack of registration of domestic service link does not imply the appropriateness of fines for late payment of registration (as for instance, laws 24013 and 25323), but the truth is that there are many problems that can be avoided relatively easily by the mere fact of having registered personal.
In fact, compared to a given conflict (as usually occurs when you leave to the worker), lack of registration may be without prejudice to the full validity of any bill or implementation of the completion of the link.
However, if domestic work is properly registered, may discourage some typical pose themselves unregistered work. For example, in the context of a dispute or litigation under this special status, having tested the relationship is necessary to determine the minimum accrued salary established by law and will likely be presumed as true the date of admission simply referred to by the worker also could trigger debt and contributions, etc.
In contrast, the receipt issued by the registered worker salary presumes that corresponds to the actually received (provided, of course, that not less than the corresponding legal minimum) and is usually taken as true the date of admission recorded facie evidence otherwise. Moreover, having made contributions and contributions in terms prevents any claim on such items. Moreover, although registration does not necessarily prevent all risk of accident reduces it because the fact of having a health insurance mitigates the impact of lack of protection against a loss. ART Recall that, in practice, they respond when it comes to employment framed within the special status. An alternative that is often used to cover the risks of possible accidents in the home is to place domestic staff within the so-called `combined family policies."
[1] of 14/01/1956, publ. 20/01/1956
[2] of 30/04/1956, publ. 07/06/1956.
[3] Finally, I consider it appropriate to point out that on numerous occasions unleashed conflicts between domestic workers and their employers often involve issues outside the workplace, and it is not uncommon to hear "how do we do this after so many years!? "even many employers are ripped off and claim they have made gifts to her maid, sometimes even leads people to ask about the possibility of making gifts to labor obligations imposed by law
[4] The form is available at http://www .afip.gov.ar / generic / forms . It only remains to enter the form number (102) for the system to make available the version in "pdf" format.
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