hire a housekeeper for most people it means hiring someone who helps us with the housework because we don’t have time to do it. Although this is the most common definition, a maid can have a greater, and varied, number of tasks. Therefore, domestic service encompasses much more than cleaning the house and ironing at the home of the person who hired it. On the other hand, this service can be done for a single person or for a group of people. That is, if you are a maid may have more than one employer and perform different tasks.This activity has not always been regulated, but since 1992 it has its own regulation. This defines not only the activities that fall within the scope of domestic service, but also the rights and duties of those who chose this activity as a source of income. what are your rights and duties. In this article, we seek to clarify some of the doubts you may have.
Domestic service: what does the law say?
Domestic service is regulated by Decree-Law 235/92, in which article no. developed on a regular basis to meet the specific needs of a household for which you work”, namely: Cooking meals;Washing and treating clothes;Cleaning and tidying the house;Surveillance and assistance to children, the elderly as well as the sick;Treatment of domestic animals;Performing gardening services;Execution of sewing services. Thus, by the definition above previous activities performed occasionally are not considered domestic servicesuch as babysitting (and therefore are not regulated by the aforementioned diploma).
domestic service contract
if you are a maid must enter into a contract, called a domestic contract, with the person who hired her. But by means of this contract, which should ideally be in writing and signed by both parties, you undertake to provide a set of domestic services on a regular basis. O The work will be remunerated and the respective value and method of calculation must be included in the contract.You can hire her as outside maid or as internal maidbut in this case you will usually be entitled to accommodation.
Contracts as to their duration can be the fixed term, uncertain term or no term. In everyone there is a 90 day trial period, unless it is stipulated in the contract that it does not exist. During the trial period you can decide terminate the contract without notice. But the same can be done by whoever hired her, there is no place for the payment of any compensation.
Fixed term contract
In this type of contract, the parties agree on the duration of the contract, which cannot be longer than 12 months. Can be renewed, but never more than twice.This type of contract must always be in written form. So if it is not, it is considered null, becoming, in the eyes of the law, an indefinite contract.
Uncertain term contract
In this type of contract the parties agree not on the deadline, but on the circumstances that could lead to the contract ending. For example, if the contract is for child surveillance, it can be agreed until the child goes to school (without defining the age at which the child goes to school, it could be for day care, kindergarten or first year. type of contract must also be written and its purpose must be communicated to you by the person who contracted it with the 30 or 60 days advance notice, depending on whether the contract lasts up to or longer than six months. If it is not written, the contract is considered void, becoming an indefinite contract.
It is considered as open-ended contract, any contract made only orally, does not have a deadline or signature of both parties.
Length of work period
O period of work as a maid will be what you agree with whoever will hire you. That is, you can work full-time, part-time, only a few days a week, but you can never, in total, have a normal working period of more than 44 hours a week. You can work for more than one person, that is, you can contract with more than one employer. You can work, for example, for one person in the morning and for another in the afternoon.
Type of remuneration
THE remuneration for domestic service must be included in the respective contract. It can be paid in full in cash or in cash and in kind, understood as such accommodation and/or food. weekly, biweekly or monthly remuneration, or you can set an hourly rate. Also read: Prolonged illness: Do I lose entitlement to benefits or holidays?
Rights and duties of those who provide domestic service
As a domestic worker, you have a set of rights and duties that must be included in the contract you sign. Nonetheless, there are other rights that may not be in the contractbut which are also rights that you are entitled to.
Yours rights as a maid include:Compensation:Receiving compensation for the work you do. Remember that, in case it is internal, it can be in cash or in kind. Vacations and holidaysHave 22 working days of paid vacation in each calendar year, if the contract is less than one year, you are entitled to two days of vacation for each month of work. There is no possibility of waiving the vacation period, that is, you cannot exchange them for remuneration. You can enjoy your vacation all at once, or not. In the latter case, each period must have more than 10 consecutive working days. enjoy the holidays. If it is internal and for reasons of the family’s need this is not possible, you will be entitled to the corresponding extraordinary remuneration. If you are going to work for hours, if they fall on holidays, they are considered as hours worked, and cannot be deducted from the remuneration due Subsidies Right to receive vacation allowance equal to the monthly salaryl. Must be paid until the start of the vacation periodRight to receive Christmas subsidy. This will be paid in cash, and cannot be less than 50% of the monthly remuneration in the first five years of the contract. But in the following years the Christmas allowance will be one month’s pay. It must be paid by the 22nd of December.Days and hours of rest If you work full time, you have right to a weekly rest day (Sunday), It could be waking up at noon or another day of rest. If intern is entitled to eight hours of rest during the night. During this period, you have the right to never be interrupted except for serious reasons or if you have been hired to take care of the elderly, sick or children up to three years of age. internal, during the working day, you are entitled to rest breaks and for mealss. However, during this period, the surveillance of children, the sick and the elderly must be maintained if they were hired for these functions. Social Security supportnamely sickness, parenting, occupational diseases, disability pensions, old age and unemployment benefits, but only in the case of a full-time monthly contract. social.Security Work in safe conditions.Benefit from maid insurance that whoever hired her must, mandatorily, do. Read also: Have you already taken out the maid insurance? It is mandatory by law
as a maid also have duties to fulfil, namely:fulfill the functionss what they hired you for.comply with schedules awake.Ensure the maintenance of safety conditions of their work, correctly using the tools, equipment and products made available to them and reporting faults and deficiencies that may jeopardize their safety.comply with the instructionss given.In case of absence, notify immediately. Absences may or may not be justified depending on the reason that gave rise to them.discount for Social Security. Read also: Minimum wage rises 55 euros in 2023