Chris (and others): My understanding was the domestics were not covered by the same employment laws (e.g. liquidation obligation, regalia--although we pay it AND give 2 wks off paid). Can you or someone else shed light on whether this is TRUE? I'm not a lawyer (and I don't even play on on TV) and absolutely don't pretend to understand DR employment law. All I know is that it SEEMS like there are 2 abogados for every ex-pat who needs to register a car or obtain a Cedula (and I'm grateful for the one we have.)
We had a maid who in retrospect I realize worked EXACTLY a year before trying to get fired. We thought she was good until we realized she was EATING and taking as much in food (and I'm NOT exaggerating...rum, expensive sauces/condiments, etc.) Then when THAT didn't work (and she gained about 50lbs in a year), she "became pregnant," borrowed money for a prenatal package and 3 mo later "miscarried" (maybe...maybe not but I bought into it so much that I MARKED OUR CALENDAR). She then within weeks "broke her arm" and said I'll call you in a month-6wks when I get my cast off (but she wanted her pay--so I said MEET WITH ME and bring me your doctor's note.) She sent her sister (and no note.) Her sister worked for us and we thought we were just paying her sister...OH NO>>>> both expected pay. I then said..."Too bad...one of you needs to work and we are only paying ONE of you." This followed several episodes of her just not showing up to work, claiming her husband ran off with another woman (probably true but I believe she should call or at least txt us within a day.) So, supposedly "broken arm maid" txts me that she wants her liquidation. I again say "I need your doctor's note PLUS YOU STILL OWE US MONEY FROM YOUR LAST LOAN."
In the mean time, we started checking employment law and it really sounded "Iffy" as to whether she qualified. Not to mention the fact that her loan amount was for about the same as her liquidation. For each loan, I had her sign a note for the terms (handwritten, not notarized but WITH her cedula and signature.) After I brought up the fact that I wanted her to sign the "release" from loan in exchange for "liquidation" I never heard from her again in SPITE of the fact that I tried to contact her through various avenues. I informed her via a written note and another person, as well as by phone & text, that I would be reporting this to Metro Co Club and that her name would be flagged (I didn't want her coming back and saying WE were in any way obligated...so in this area, this is one thing we CAN do.)
I interviewed MANY potential new housekeepers, I actually went with THE YOUNGEST (and of all things a woman with a 3 mo old and 2 yr old--she'd just turned 18--I had ethical concerns about taking her from her baby & toddler, but as it turns out she is the sole supporter for her kids, dh, then pregnant tia, and grandma all in a dirt-floor, wood walled, corrugated roof batay that constantly floods). Why on earth would I do such a thing? Well, to be frank...she was desperate and called me back 4 times in spite of not having a phone herself. She said "I don't care how many hours or days I have to work per week but I have to earn x." So, we hired her 6 days a week (we live practically in the middle of constant construction, have 3 boys, a dog and 2 cats...so in reality we need the help.)
The topic of increase has not come up but she had no idea what a REGALIA was and was astounded when we paid her a "13th" month salary PLUS gave her time off. We've had a few "issues" but she is very honest, doesn't eat us out of house and home, nor steal. She is a bit of clutz but knows it and so far we've not penalized her although my dh wants to. We just moved houses and she did a fantastic job of helping with this including cleaning two houses one day. We'd like to give her a bonus...ANY SUGGESTIONS ON HOW MUCH OR %? Is this a bad precedent or just being fair?
TIA!
Paz y salud,
DrChrisHE