I read a few posts about part-time domestic-help rules in DR. However most of the posts were old and I'm wondering if any of the laws and rules have changed. I had a part-time maid who worked a few hours per day, once a week, at her own convenience, and sometimes only a couple of times a month. At the end of the month she would send me a factura specifying that she had worked 3 or 4 days that month, and I paid her accordingly, assuming that she is an independent contractor and not my employee. Now that I sold the villa, and she's no longer working for me, she's claiming that she's owed severance pay. Is this correct? Can someone with experience with this situation help me with this issue?
- Thread starter QSAGHAR
- Start date
Part time Domestic Help Issues
I had a cleaner who worked on an ad-hoc basis until I sold the place. She mentioned something about severance pay so I went online and gave her the amount based on average time worked and length of time she worked for me. I gave it to her and got her to sign for it, really just to avoid any potential problems. It didn't come to much so I would advise you to pay.
Pay calculator website Ministerio del Trabajo
Any verbal work contract here is considered a "job for life". For an independent contractor, a written contract is required. On average, an employee is entitled to 1 months salary for each year of service. Use the calculator above to calculate the liquidation due to her.
So someone who only works one day a week or less, at their own convenience, is considered a permanent employee? That's ridiculous!
If they are only paid by the job, how do you calculate the .monthly salary, since it varies from month to month?
Did you look at the webpage in post 4?
FWIW, her severance may be a hundred bucks or so. Is that too much to pay?
Cost of living here aint what it used to be. Many people are having a hard time with making the adjustment.
I agree with Hijo.
Pay always.
Oh boy! Here we go with the shaming! I never said I did not want to pay her. I just wanted to know whether I'm obligated to do so or not. I always pay whatever I agree to pay, and if they do a good job give them extra. I voluntarily raised her pay 20% last year because I saw things are getting more expensive here. I just didn't know whether a casual worker is entitled to earned vacation time and severance pay. I had read an earlier post on this site by Guzman Ariza that stated domestic employees did not have the same rights as office workers. I guess that was an old post which is outdated now.
Read the carryon luggage thread and you will understand that sometimes the rules are merely suggestions. Standing up for your principles is often a bad idea, especially when a local is on the losing end of the original dispute.
It’s not outdated. As Hijo said, domestic workers are not entitled to liquidation by law. They ARE entitled to prorated vacation and I think 13th month pay. In practice, though, it’s usually not a lot of money, and many of us give it to them. Use the online calculator, print it out and have her sign it if you’re going to pay her.
You don't have to pay. But be advised, if she hooks up with one of the local shyster lawyers and sues you..... your lawyer will charge you much more than she could be entitled to. Good luck!
Wrong thinking based on my experience with domestic employees. As reported above ,use the calculator and pay her right away. Don`t wait and make her signing a receipt that you don`t own her anything anymore.
They are corrupted lawyers who love suing gringos for not paying their domestic employee even if they do .
It happened to me for a domestic who decided to sue me after working 3 years at my house.
The lawsuit mentioned that I was making my domestic working 16 hours a day ,7 days a week ,no vacations ,I did not pay her the past 3 months, I was doing business in my house so she was entitled to a part of the benefits . In addition ,the lawsuit mentioned a starting date for the domestic ,one year before my house got built !
Actually, my domestic was working 5 days and half a week ,7 hours a day from Monday to Friday and 5 hours on Saturday which includes one hour break for lunch .
So, in other words , the whole lawsuit was pure BS. Could see the lawsuit file that I got was coming from a template. In some places ,my name was not updated ....but the name of a previous gringo who got sue .
Had to hire a lawyer who cost me more to what the domestic got at the end .
Basically ,my lawyer and her lawyer got $.
Since then ,any domestics /workers that I have ,sign a receipt that they got paid ,their status as domestics ,the hours they did and I don`t own them any money at the time they sign.
Learning the hard way
Peace.