Domestic workers and workers paid by day

S

santa110xyz

Active member
Oct 25, 2005
571
0
36
Two questions:

1.) Is it an obligation by law to pay health insurance for empleados domesticos or is it voluntary ?
-> working as maid and gardener in a private house

2.) Is it an obligation by law to pay Christmas bonus workers (maid) who cleans a private house 3 times a week, who are getting paid by day?
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
it is an obligation to have them enter social security (if full time) but not health insurance.
it is an obligation to pay holidays (2 weeks) and xmas bonus. not sure how paid by day applies, 3 times a week is part time.
see current law below:

dv8 said:
current codigo de trabajo says:
T?TULO IV:
DEL TRABAJO DE LOS DOMESTICOS
Art. 258.- Trabajadores dom?sticos son los que dedican de modo exclusivo y en forma habitual y continua a labores de
cocina, aseo, asistencia y dem?s, propias de un hogar o de otro sitio de residencia o habitaci?n particular, que no importe lucro o negocio para el empleador o sus parientes.
No son dom?sticos los trabajadores al servicio del consorcio de propietarios de un condominio.
Art. 259.- El contrato de trabajo de los dom?sticos se rige exclusivamente por las disposiciones de este T?tulo. C?digo de Trabajo de la Rep?blica Dominicana
Art. 260.- Salvo convenio en contrario, la retribuci?n de los
dom?sticos comprende, adem?s de los pagos en dinero, alojamiento y alimentos de calidad corriente.
Los alimentos y habitaci?n que se den al dom?stico se estiman como equivalentes al cincuenta por ciento del salario
que reciba en numerario.
Art. 261.- El trabajo de los dom?sticos no se sujeta a ning?n horario, pero ?stos deben gozar, entre dos jornadas, de un
reposo ininterrumpido de nueve horas por los menos.
Art. 262.- Los trabajadores dom?sticos disfrutan del descanso semanal establecido en el art?culo 163.
Art. 263.- (Modificado por la Ley n?m. 103-99, G.O. 10029 del 15 de noviembre del 1999). Los trabajadores dom?sticos
tienen derecho a dos semanas de vacaciones remuneradas cada vez que cumplan un a?o de servicio, as? como al salario previsto en el primer p?rrafo del art?culo 219 del presente C?digo.
P?RRAFO: (Modificado por la Ley n?m. 103-99, G.O. 10029 del 15 de noviembre del 1999). El monto del salario navide?o ser? igual a la suma de dinero pagada por el (la) empleador(a) en virtud del art?culo 260 del presente C?digo.
Art. 264.- (Modificado por la Ley n?m. 103-99, G.O. 10029 del 15 de noviembre del 1999). Todo(a) trabajador(a) dom?stico(a) tiene derecho a que su empleador le conceda los permisos necesarios para asistir a una escuela, al m?dico o a un centro de salud, en caso de enfermedad, siempre y cuando sea compatible con su jornada de trabajo o en (los)
d?a(s) acordado(s) con su empleador.
Art. 265.- Si el dom?stico contrae una enfermedad por contagio directo de uno de los miembros de la familia a la cual presta servicios, tiene derecho a gozar de su salario ?ntegro hasta su completo restablecimiento.
Click to expand...
 
S

santa110xyz

Active member
Oct 25, 2005
571
0
36
Dv8, thanks a lot for your fast reply!
I was asking these questions because i got different answers from different lawyers.
One told there is no obligation to register them with seguridad social and the other told yes.
They enjoy private health insurance which my friend pays 50% and the domestic workers the other 50%.
But the health insurance increased by 35.71% for August 2013... Now my friend asked me what he should do, because
the increase is a bit steep.
 
E

Expat13

Silver
Jun 7, 2008
3,255
50
48
santa110xyz said:
Dv8, thanks a lot for your fast reply!
I was asking these questions because i got different answers from different lawyers.
One told there is no obligation to register them with seguridad social and the other told yes.
They enjoy private health insurance which my friend pays 50% and the domestic workers the other 50%.
But the health insurance increased by 35.71% for August 2013... Now my friend asked me what he should do, because
the increase is a bit steep.
Click to expand...

Yes, be very careful what advice you take from lawyers, most its just their opinion of the day and not necessarily an intelligent one. They don't really look into these things. I have tested them before by supplying my opinion after asking the question, they agreed I was correct. Then, I said no actually I think I am wrong, its really the opposite, they replied yes, you are correct. Then they asked to be paid for the legal advice.:pirate::surprised
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
you could downgrade the insurance to the basic one. nearly 36% increase is a lot. i wonder where did that come from? was it based on age or something?
 
S

santa110xyz

Active member
Oct 25, 2005
571
0
36
dv8 said:
you could downgrade the insurance to the basic one. nearly 36% increase is a lot. i wonder where did that come from? was it based on age or something?
Click to expand...

i asked the insurance representative and he told downgrading would reflect only 25 pesos/person.
And the insurance would start at Cero again.
the people are insured with Seguros Constitucion as a group. Not based on age. Maternity was also not included,
no medication but diagnosis per year 100% up to 9,000.-
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
maybe you can PM rubio higuey. he knows constitucion best, he should be able to advice something. personally i'd stick to humano and universal, much better in my opinion.
 
M

Mauricio

Gold
Nov 18, 2002
5,607
7
38
dv8 said:
it is an obligation to have them enter social security (if full time) but not health insurance.
it is an obligation to pay holidays (2 weeks) and xmas bonus. not sure how paid by day applies, 3 times a week is part time.
see current law below:
Click to expand...
While by law every legal residence has a right to be included in the social security system, there is no official way yet to include your informal workers, like domestic employees. About 15% of the domestic workers are included in the system, most by means of the companies of their employers. CNSS is still debating how to give access to domestic workers to the social security system. As per this moment it's not an obligation in practice, only in theory.
 
C

Criss Colon

Platinum
Jan 2, 2002
21,843
191
0
38
yahoomail.com
My wife fired the best maid we ever had yesterday!
Two and a half years here, cleaning, laundry, ironing, for 8 people.I never paid her anything, except here salary, and Christmas bonus.
Got the form from "Ministerio de Trabajo' today.
I am ordered to pay her,6,500 pesos.
3,000 for 14 dy's vacation,and 3,000 for her 2013 Christmas Bonus, for 6 months and 2 days, worked this year.
The form states that the calculations are based solely on the information supplied by the worker.
I can appeal, but won't.
My wife's insane jealousy got the best of her!
As ALWAYS!!!!
I doubt she will ever find anyone to replace "Raquel",
She was a rarity, a "Dominican" with a work ethic!!!!!!
CCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCCC
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
while it is true this obligation is only theoretical it is the law. better to keep on the right side of it. as can be seen from cccccc story there is no liquidation for domestic workers other than a portion of holidays and xmas pay. i would be very careful about removing insurance altogether. you can move to a different supplier or change working hours or days.
 
M

MJSantoDomingo

Bronze
Apr 13, 2011
680
0
0
I think it was in one of the articles dv8 posted on a thread I had started on domestic workers... In one of the articles, I believe it said that domestic workers were presently classified as Independents and the hiring is not registered with the Ministry of Labor, because they work for "a home or other private residence that does not provide profit or business for the employer or his relatives". The only requirements under the present Labor Code are: "the Code only provided for two weeks of paid vacations, the Christmas salary and permission to study and attend health services in case of an emergency." That is what I have been able to find out so far for full-time domestic workers. Which then makes sense with what CCCC described as receiving from the Ministry as the "serverance requirement" when his wife fired their domestic worker. The sad thing is the requirements may not cover part time workers, but to be safe, I would assume it would because it is not expensive in comparison to paying workers for a business (well, the severance package is what seems to hurt most employers especially after they have worked for over a year or two...). Presently, for domestic workers, it is only the two weeks vacation, the prorated Christmas bonus and that they are paid up-to-date at time of termination.
 
S

santa110xyz

Active member
Oct 25, 2005
571
0
36
the monthly payments for domestic employees are reasonable, but if you have 5 workers to cover week ends, nights etc... and the economy isn't as good as before it starts to hurt at a certain point taking into consideration payment to so many people. and when all are very very good workers and never fail it is extremely hard to send one home.

when insurance then increases 36% which they receive too one needs to take actions. sadly since 2008 life is much harder for all.
 
D

dv8

Gold
Sep 27, 2006
31,266
363
0
one more thing: the law is very clear that you cannot reduce worker's salary without reducing their hours of work (then proportionally). and if you want to move them to a different position you have to liquidate them first. beware that the insurance may be seen as a part of normal salary or at least normal contract. in DR law is most likely to be interpreted in such way it protects the employee rather than employer. so be careful.
 
S

santa110xyz

Active member
Oct 25, 2005
571
0
36
dv8 said:
one more thing: the law is very clear that you cannot reduce worker's salary without reducing their hours of work (then proportionally). and if you want to move them to a different position you have to liquidate them first. beware that the insurance may be seen as a part of normal salary or at least normal contract. in DR law is most likely to be interpreted in such way it protects the employee rather than employer. so be careful.
Click to expand...

These people are all domestic employees. Just working for a private house which does not get rented and does not generate
any income whatsoever. Maid - gardeners and one night watchmen who waters the plants and takes care of the dogs.
Isn't it sad if you give voluntarily then i could be seen as part of the normal contract. Dv8 thank you so much
for your guidance.
 
J

Jenny429

New member
Oct 10, 2005
312
0
0
Crisss I have a really good worker that would DIE to work in the capital!!! She wants to divorce her husband here, but to move to the capital cause her father and other family live scattered around the capital.. Let me know if you are interested. She's an amazing cook, and a really decent worker. Tell her something once, and she doesn't usually have to be told again.. She will work from sun up to sun down, if you need her. She knows I work late on Saturdays, and she will ask the kids what they want for dinner, and she will always prepare it so that I just have to cook it.. she's really good.. She worked for me for 5 months, we are moving back to the states so I'd be happy to let her go early if she can find a permanent job. Your wife shouldn't be too jealous with her, as she's not someone to be jealous of.. I don't think.. no idea.. I've never been a jealous person.. lol

Jen
 
You must log in or register to reply here.
Top Bottom