DOMESTIC WORKERS AND COLOMBIAN LAW

elk says on Jun 6, 2008, 06:01:

Thanks Esteban.

It appears having a written contract is best. What happens to the employer if the employee is injured while working in your home. Paying the above pension and health insurance seems like a lot of paper work for the employer if the employee only works one day a week.

I would like to hear comments and personal experiences from other PBH members who are currently using part time help in their home. Has anyone had to deal with the Colombian labor department or been sued by former employees?

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aztec says on Jun 6, 2008, 06:35:

Here it is for those of us who are not fluent in Spanish.

Colombian Labor Law

http://www.proexport.com.co/vbecontent/Fileprocess.asp?ID=6731&Link=li...

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dogfart says on Jun 6, 2008, 06:52:

how much do you pay a maid for days in COL?
(cleanning, ironing, laundry...)

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Noelito40 says on Jun 6, 2008, 09:39:

Dogfart, we pay 27k for 1 day per week (that´s 25k 2k for her bus). She also gets dinner with us, plus of course, we are happy with her, and so give advice, assistance (use of internet for example) if she needs it...

Noelito

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elk says on Jun 6, 2008, 09:58:

Aztec:

Thanks for the information, but the documents doesn't seem to address the question of temporary
workers, in my case once a week apartment cleaning.

Noelio40: What other payments do you make to the worker? Bonus, vacation, health etc?

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Noelito40 says on Jun 6, 2008, 10:04:

Elk, I suspect Ã?'m in the same boat as you. Our servicio is with us just 1 day a week, and her EPS, etc is covered by her other employer who she is with 3 or 4 days in the week.

Noelito

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elk says on Jun 6, 2008, 12:58:

Noelito40:

Same here. Mine also works one day a week and is very happy with the financial arrangement, but I want to cover my back-side. I wouldn't mind paying the extra costs if they would keep me out of trouble. I've been told the costs should be prorated since she works only one day per week, but the paper work isn't worth it. She works for four different people here in Medellin. I'm looking for the best solution to cover myself. I'm told by locals paying just a flat daily fee and not worrying about the legal issues is the norm for most Colombian employers who have a similar situation.

Signing a six or twelve month contract may be the best option, and then renewing it on a regular basis.

I'm looking for the just solution for the both of us. She is a great worker and happy with the arrangement...at least for the present time.

Any ideas or suggestions would be appreciated.

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Noelito40 says on Jun 6, 2008, 14:46:

Agree 100% Elk, I too just want to cover my ass, I mean it's not a whole lot of wonga we are talking about here, but the last thing I want is to have a "good" relationship with my housekeeper for a few years and they have her sting me with a suit for backpay of her entitlements!!

I'm asking around on this too and will post whatever I find out.

Noelito

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viajero123 says on Jun 6, 2008, 18:19:

Most Colombian families that hire help on just a daily basis pay the daily rate. If you have someone working everyday for you, you should pay all the social security contributions. If you don't, you can be hold liable anytime to pay for all previous unpaid contributions, and a default interest on these payments

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elk says on Jun 7, 2008, 05:52:

Viajero123

I'm hearing the same thing, but a contract is probably a good idea. The worker according to legal counsel can only sue you for the duration of the last contract. The shorter the contract the better. Paying back benefits for six or twelve months would be much better than paying for the last five years.

I think lawyercolombia, Esteban, has researched this question and will agree. You don't need to have the contract notarized, simply signed by the employee.

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aracne says on Jun 9, 2008, 08:20:

Elk, be careful with that interpretation about the "last contract". What Esteban means is that at the end of each period of the contract (regardless it is renewed) you must paid some money to the maid or the worker in order to finish all of the derivated rights that comes with it. That way, the renovation will not carry any of the expenses of the previous one.

If your worker just stay with you one or two days (or, in any case, less than the 48 hours which is the maximum legal hours per week in Colombia), the concepts that you will have to pay are proportional to that time.

It works too for the social security system (health, pension, proffesional risks); according to the law, every employer must pay his proportional part of those expenses but usually this is extremely difficult because most of them does not want to pay more every month or simply prefers to give the money directly to the employee and he or she expend the money in other needs.

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lawyer CO says on Jun 9, 2008, 12:31:

yes, i agree with aracne...for example a maid whose contract is for 1 year, has the right to receive interests to her cesantias plus liquidation of other benefits at the end.

In example..if she got hired in january with a contract until december, she has the right to be covered in

1.health, pension and risks for the term of contract.
2. receive work clothes 2 sets per year normally is every 3-4 months . that´s discretion of the employeer..sometimes the maid has her own.
3. salary

Now, how to pay if she works only some days...all the expenses must be divided and paid according to the time. quite difficult but mandatory

Esteban

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