Today, there are many parents who go out to work and need to hire a person to take care of their children while they are not at home. According to the new legislation, from January 1 to June 30, the situation of all household employees (both internal and external, even if they work one hour a week) who perform domestic tasks, including household work, must be regularized. babysitters.
To answer all questions that may arise to parents, we have invited Javier Enrich, specialist in the subject, to clarify everything we need to know about the new Law on Household Employees.
What is meant by housekeeper?
That person hired for household chores, caring for family members and other jobs as a driver or gardener if they are part of the housework.
This point is important because those who:
- They are first and second grade relatives.
- non-professional carers in dependent care
- Exchange students who help with household and family chores
What does a maid cost?
The new law establishes that at least the interprofessional minimum wage. For 2012, the minimum interprofessional salary is 641.40 x 14 payments for a day of 40 euros / h.
What do you usually pay for an external or internal employee?
If the employee is external, for hours it would cost you about 10 euros / hour approx. On the other hand, if it comes more frequently, prices vary.
If instead it is internal, that is, sleep in the house, the prices would be different.
What steps should you follow to hire a housekeeper?
First, check if you have the employer number. The call CCC, Account Account Code.
If you do not have the employer number (CCC), you must request the number and register as an employer.
If you already have an employer number (CCC), check that everyone who has the current address is correct.
Who has to register the employee?
With the new law, the employer will always register the employee to the employee.
What happens if you work in several houses?
Nothing changes. Each employer will discharge the employee for the hours you work in your home. Therefore, if you work 3 hours a day, you will be discharged for 3 hours a day and the rest of the employers will do the same.
If it only works one hour, do I have to register it?
Indeed, this is one of the main changes. Any household employee you must register from the first hour.
When should I register and cancel the worker?
The registration must always be carried out before its incorporation and the discharge can be carried out within 6 calendar days following the termination.
How do I know what I should pay?
The new law establishes a quote table by sections of monthly gross salary. See table to find your quota.
What is the gross monthly salary?
The gross monthly salary is the result of dividing the annual net salary (including extra payments) and dividing it by 12 months. Gross Monthly Salary = (Net Monthly Salary x 14 payments) / 12
Will the fee I have to pay increase in the coming years?
Currently, a 22% social security quota has been established but this figure will increase in the coming years to equal 28% of the general scheme. From 2013 to 2018, the contribution rate will increase 0.90%. Starting in 2019, the housekeeper will be listed the same as the rest of the workers.
Is there any additional cost?
The employer must take over 1.1% on the basis of contribution for professional contingencies. This 1.1% covers all health and care coverage of the employee.
And the household employee can collect from unemployment?
The household employee does not contribute for unemployment, so unemployment payment is not covered.
What bonuses am I entitled to?
The Government has established a 20% discount for the coming years (2012, 2013 and 2014) only for those who register a new worker. This bonus is automatic. It will not be charged by those who are changing the type of contribution.
There is an extraordinary bonus for those families that are large families. This bonus is 45% but, it is only viable for those families that both contribute to Social Security. For this bonus you must present the documentation of a large family and a letter from the declarative employee who works in a large family home.
In the case of a large family, should the two always work?
The bonus can be obtained if only one works in the case of a special large family.
If I am divorced, do I have bonuses?
In this case, the single-parent family that works outside the home (as a self-employed person or as an employed person) or simply, unable to work, will have access to the 45% large family bonus.
Is it mandatory to make a contract? How do you prepare?
The form of the contract can be in word or in writing. It is advisable to make a written contract that makes clear the essential elements of the agreement between employer and employee. If the contract is for a period of more than 4 weeks, it will always be in writing.
What are these essential elements?
General data (identification of the parties, salary, working day, ...). It must also include: salary benefits in kind such as maintenance, accommodation and / or transportation; duration and distribution of the agreed time of presence and if you stay or not sleep in the family home.
How long should I make the contract?
The contract can be made indefinitely or for a certain duration. The trial period may not exceed two months and can be resolved by either party with a maximum notice of seven days.
And the holidays?
The annual vacation period will be 30 calendar days. These vacations can be agreed between employer and employee but at least one of the vacation periods must be 15 consecutive days minimum. The rest will be negotiated freely between both parties.
The law establishes that both parties must set the dates two months in advance. Logically, in this period, the internal employee is not required to reside in the family home.
What about parties or own affairs?
The household employee will have the right to enjoy the holidays and permits provided for the rest of the workers.
If I decide to do without your services ...
The employment relationship may be terminated by disciplinary dismissal or withdrawal from the employer.
If it goes out during probation, the employee is not entitled to compensation. This trial period may not exceed two months.
If it is disciplinary dismissal, must be notified in writing according to the causes foreseen in the Statute of the Workers. If the dismissal is declared inadmissible, the employer will have to pay in cash the salary corresponding to 20 calendar days for years of service with a limit of 12 monthly payments.
If it is an employer's withdrawal, the employee will be notified in writing. If this is less than one year, the employer must communicate with a 7-day notice while if it is longer than one year, the notice will be 20 days. In this case, 12 calendar days will be paid per year of service with a limit of 6 monthly payments.
How do you pay? In cash or by transfer?
The worker can be paid in cash and transfer. In both, a wage receipt (payroll) must be made to be signed by the parties.
Gratification
We thank Javier Enrich your collaboration in Babies and more to clarify the most frequent doubts about the new Law on Household Employees.
It is important that we know how we should hire a caregiver if we need to leave the children in the care of another person. Remember that the deadline to regularize the situation expires on June 30th.
