Part time maids... salary/legal obligations?

CFA123

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May 29, 2004
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I have a maid that works for me twice a week, and is paid after each 4 hour day.
I 'believe' that is essentially my obligation to her as she is domestic help and clearly part time.

I have some thoughts of taking her to 1/2 day Monday through Friday... 20 hours a week.

Logically, that's still part time domestic help and shouldn't obligate me to social security, liquidation payments, etc. However, I also know that logic doesn't always apply or I may be failing to consider other obligations I would have as her employer.

Any sage advice for me from those with domestic employees?
At what # of hours does 'part time' become considered equivalent to 'full time' for employment benefit purposes?
 

SKing

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Nov 22, 2007
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Maybe if they move this to the legal section, Mr. Guzman could let you know. Can't assume anything in DR.

SHALENA
 

mountainannie

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Dec 11, 2003
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My maid works for me only about 16 hours a week.. but, since she has been with me for five years and since she is a hard worker and very honest, I helped her to open a private Social Security account.. into which I put about .125% of her salary each month. I have explained to her that this is money for her retirement.... I assume that she will be with me for a long time.. and perhaps it will amount to enough for something..

I do not think that we are legally obligated for much..

but that is the way that I handled it.
 
Aug 21, 2007
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It's complicated. I just hired a new maid. She works 5 hours, 4 days a week. Is illiterate. Travels far to come to work. I made it clear to her that I was paying her a daily rate. (A GREAT daily rate!) She isn't happy about it, but I will be darned if I will pay her a salary for not working the 6 weeks in the summer that I am not here.....especially when she will have been with me little more than 3 months.

I believe there is a fine line between what we are legally required to do, what actually unfolds, and what is, ethically, the "right" thing to do. In the end, I think it all comes out the same.

And-one final note- if, when we terminate an employee's contract for whatever reason, we don't depart in good will....then we all end up losers and ultimately pay a price of some sort.

Lindsey
 

belmont

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Oct 9, 2009
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This is from Fabio's sticky on Dominican labor law:
8. Domestic Workers

Domestics do not benefit from many of the provisions of the Labor Code (Art. 4). Domestics are defined as workers dedicated to household chores, such as cooking and cleaning, when carried out outside of a business (Art. 258). Condominium employees are not considered domestics.

Domestics are not subject to any regular work hours although every domestic must have a minimum of nine hours per day of uninterrupted rest and a weekly rest of 36 hours without interruption (Arts. 261 and 262). Domestics do not have the right to receive severance pay when dismissed. However, domestics do have the right to two weeks of paid vacation a year after their first year at work and to receive a Christmas salary as regular workers do.
 
Aug 21, 2007
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Correct, Belmont, but what the law says and, if you end up at the fiscal, what actually happens are not always one and the same. A recent thread also discussed the pending law that would entitle a domestic to liquidation and other benefits.

As I said in the last post, it's always best to just do what is right for all involved.

Lindsey
 

CFA123

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May 29, 2004
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As I said in the last post, it's always best to just do what is right for all involved.

Lindsey

That's what I'm hoping to do & I'm willing to do a little above and beyond.

I know people who've had employees go to the labor department and claim salaries they were never paid, length of employment that wasn't real, etc, etc & end up being awarded as much as 30-40,000 pesos more than they rightfully deserve.

Just curious if anyone's gone so far as to have a maid sign a document stating the working agreement, sign for payments received, or anything else that as an employer you feel has helped minimize problems. And yes, I will probably post a similar question in the legal forum, but all input from those with real life experience is appreciated.
 

belmont

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Correct, Belmont, but what the law says and, if you end up at the fiscal, what actually happens are not always one and the same........
If you ended up at the fiscal, you did a hell of alot more than not follow the labor code. Labor code violations are ajudicated by the Department of Labor, not the fiscal.
 

Reese

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Oct 5, 2010
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I don't see that any of that can hurt in order to protect yourself. Any documents you get them to sign it would be best to have it notorized. Also as far as payments received there is a place where you can deposit the money and they will call the recipent to let them know it is available for pick up something like a western union but a lot cheaper this way in the event at a later date even with signed reciept of payment you may have someone say they did not sign it someone else did. You will have a receipt from the place with date, time, and name so they can't dispute. Not sure what area you are in or if anyone knows the name of these places.
 

belmont

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That's what I'm hoping to do & I'm willing to do a little above and beyond.

I know people who've had employees go to the labor department and claim salaries they were never paid, length of employment that wasn't real, etc, etc & end up being awarded as much as 30-40,000 pesos more than they rightfully deserve.

Just curious if anyone's gone so far as to have a maid sign a document stating the working agreement, sign for payments received, or anything else that as an employer you feel has helped minimize problems. And yes, I will probably post a similar question in the legal forum, but all input from those with real life experience is appreciated.
I paid my domestic the same way 95% of the Dominican Republic workers gets paid, by direct deposit. I took her to my bank and had her open a basic account in her name with a debit card for her to withdraw funds. I setup an auto bill pay on my internet banking to transfer funds on payday to her account. If I ever want to change a payment to her, I just needed to make the change 48 hours prior to the transfer. My monthly bank statement shows all the tranfers, If she were ever to say she didn't get paid, she would have to take it up with the bank. Never had a problem. BTW, the bank was Banco Popular which gives free internet banking and free online bill paying and transfers. I can pay her even if I'm not in country.
 
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mountainannie

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It's complicated. I just hired a new maid. She works 5 hours, 4 days a week. Is illiterate. Travels far to come to work. I made it clear to her that I was paying her a daily rate. (A GREAT daily rate!) She isn't happy about it, but I will be darned if I will pay her a salary for not working the 6 weeks in the summer that I am not here.....especially when she will have been with me little more than 3 months.

I believe there is a fine line between what we are legally required to do, what actually unfolds, and what is, ethically, the "right" thing to do. In the end, I think it all comes out the same.

And-one final note- if, when we terminate an employee's contract for whatever reason, we don't depart in good will....then we all end up losers and ultimately pay a price of some sort.

Lindsey

I would say that if she is not THRILLED to have the job.. that you should just get rid of her now since it ain't gonna get any better.

I checked here in SD with some middle class Dominicanas for what I should pay my maid for part time work, two days a week. The consensus at that time.. five years ago ...was 700 a day..

at the time, she worked in the house two days and took the sheets and towels home for washing, carrying them back in a bag.

Now I have a washing machine and she does the wash and hangs it all up on the roof .. two fights up a tight circular staircase.. and so works here about 8 hours a day. I pay her $7000 a month plus one month extra at Christmas. Plus 1000 pesos a month into her retirement account.

This is about the same wage as an intercity bus driver. And since she is in my house, in the underwear drawer and ALL of that,, well , to me, there is a much higher level of trust involved. (Ok hold fire, I know that I could get killed on a bus.. but this lady actually came to the hospital when I was admitted and spent the night so that I would not be alone.. we are talking about intimacy, here)

I would not have started her out at this wage. .. she started at $5000 with the laundry.. but I have moved to a bigger place and she has proved herself to be very honest and reliable. Never has either a peso or a slice of bread disappeared from the house. I have to remember to tell her what to have for lunch because she will not touch the food.

Her husband is a retired military officer and they get his retirement of $5000 a month, plus medical coverage at the Military hospital so I do not have to worry about that.

She has always asked for more work. for another Americana, natch.

I have a single Dominican friend, a professor at USAD. who asked for her to start work for him but simply cannot pay her the same as I do.. *the 875.. or so.. but I told her that she had to take this job or NEVER again talk with me about how poor she was.

He pays her now $2900 a month for one day a week (that includes 100 pesos for transport)... She complained a bit but I pointed out that if she was working at this rate 5 days a week, she would be making 12000 pesos which is certainly an incredible wage for a household worker.

I think that the problem is that .. first.. household work simply does NOT provide a living wage.. there are too many people who have no skills EXCEPT this.

Plus many of these women are the sole providers for their families.. and the wage puts them on the verge of real poverty

Now. I know Dominicans who have paid FULL time.. and by that I mean, make the breakfast for the family, serve it at the table, do all the washing, the cleaning, watch the children,.. and go home at dusk.. for 5000 pesos.

But I have know Americans who have paid live in help who also had child care responsibilities 12.000 a month.

Do not know where the sweet spot is.. where they are grateful for the work and yet not overpaid... but I think that we all need to be conscious of the rise in the cost of transport, if nothing else.

I think that we are kinder to our help, as a general rule, than Dominicans.. because for us it is a luxury.. not something that we grew up with or had in our homes.

I remember that I was paying $85 a DAY /// that would be 3145 pesos a day.. or, if I had her 8 days a month,, to round it out.. 25,160 a month..

so I am grateful .. to have the help.
 
Aug 21, 2007
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If you ended up at the fiscal, you did a hell of alot more than not follow the labor code. Labor code violations are ajudicated by the Department of Labor, not the fiscal.

Ugh! Sorry, belmont. You are so right. Thankfully, I have never ended up at the Dept. of Labor, NOR the fiscal!
 

DMV123

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Mar 31, 2010
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Domestics are not covered in terms of benefits of the labor code as such - but this does not apply if they are employed by a corporation rather then individuals.

They cannot file a labor claim as they are not covered.

BUT in practice - you should give them vacation pay, you should give them the 13th salary at Christmas. They are not entitled to liquidation BUT again it is practice to give them something so you can part on good terms if they have been with you for some time!

Add to this part time - well you really do not have any big worries. Treat them reasonably well and you are good to go.
 

HumbleHindu

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Jan 14, 2010
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I agree with DMV. I am here for more than two years and from the first week i had part time maid. Just one day a week . I pay 750 pesos plus lunch. I assume they are more than happy because off late she comes every day as she moved near to my apartment. May be just 30 minutes a day. It is also more comfortable for me. I treat them reasonably well .
Domestics are not covered in terms of benefits of the labor code as such - but this does not apply if they are employed by a corporation rather then individuals.

They cannot file a labor claim as they are not covered.

BUT in practice - you should give them vacation pay, you should give them the 13th salary at Christmas. They are not entitled to liquidation BUT again it is practice to give them something so you can part on good terms if they have been with you for some time!

Add to this part time - well you really do not have any big worries. Treat them reasonably well and you are good to go.
 

bob saunders

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Jan 1, 2002
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I lived as a single father for three years. I'm perfectly capable of cleaning, ironing, washing, cooking....etc. I can understand you not wanting to clean, however I have no problem with doing any household chore, I don't require a WIFE for that. She is however an excellent cleaner, but a lousy cook. Don't most Dominican's feel foreigners pay their help too much?
 

mountainannie

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I lived as a single father for three years. I'm perfectly capable of cleaning, ironing, washing, cooking....etc. I can understand you not wanting to clean, however I have no problem with doing any household chore, I don't require a WIFE for that. She is however an excellent cleaner, but a lousy cook. Don't most Dominican's feel foreigners pay their help too much?


Yes, I am sure that Dominicans do feel that.. since almost ALL Dominicans even approaching middle class have part or full time help..

Down on the border regions, Haitian women will work for food alone.

Three years does not a lifetime make/ But I give you the single father bit... good on ya!
 

Conchman

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A friend of mine had a maid for several years who constantly asked for loans. After the 4th or the 5th loan they said 'no,' after which she refused to come to work. A few weeks later they got notice that they were being sued, she claimed she was fired, and claimed severance pay and all kinds of overtime and lost wages. She won, partly because the gringo never wins, but also because the villa was in a company name, they had 'rented' the house to some friends and she was therefore not a 'domestic' but an employee of a corporation. So, for everybody who has their house in a company name, be careful!