domestic workers - they are entitled to domestic workers? Labor Regime of Household Workers
1 .- What activity is included in the system of domestic workers?
activities that are included within the system of domestic workers are those performed by persons carrying out cleaning duties, cooking, washing, care, child care and other conservation own a home or home- room and the development of the life of a home and not matter or business profits for the employer or their relatives.
are considered within the system drivers, gardeners and technical nurses. In the case of practical nurses were included having no specific working arrangements and to develop work related to assistance and care within the home.
References: Article 2 of Law N º 27986.
2 .- What services are not considered typical of domestic workers?
are not considered work-related activities at home, when performed for companies or employers to obtain financial gain or economic benefit from such activities.
Examples include hotels, restaurants, social or religious institutions, nursing homes and hostels.
References: Article 2 of Law N º 27986.
3 .- How much is the amount of remuneration for domestic workers?
The amount of remuneration in all its forms will be freely agreed by the parties, employer and worker.
4 .- The employer is obliged to provide power to work from home?
The employer is obliged to provide food and / or household worker housing suitable to the economic level of the employer. Such concepts are not considered as an integral part compensation.
References: Article 5 of Law N º 27986.
5 .- How should compensation be paid?
Compensation will be paid on a monthly, fortnightly or weekly. Domestic workers should extend record payments received, which serve as proof of grant of compensation.
References: Article 2 of Supreme Decree 015-2003-TR.
6 .- What is the formality to be fulfilled by the employer to hire?
The employer has the option of signing a written employment contract or merely verbal, except to hire a young worker, in this case observe the formalities required by the Code of Children and Adolescents.
References: Article 3 of Law N º 27986.
7 .- The employer is required to bring sheets?
There is no requirement to carry charts. Proof of payment of workers' rights belongs to the employer. 4 º
Supplementary Provision of DS N º 001-98-TR.
8 .- Are they entitled to paid weekly rest?
If you are entitled to (24) twenty-four continuous hours of rest per week. You can program any day of the week.
9 .- What are the holidays of domestic workers?
paid leave are entitled to all holidays designated for workers subject to the labor of the private sector who are: January 1, Thursday and Friday, May 1, June 29, 28 and July 29 , August 30, October 8, November 1, 8 December and 25 December.
However, if you work on a holiday, by agreement, can make the rest day worked by the payment of a surcharge equivalent to an additional 50% of pay, additional compensation of one day. 10 .-
workers are entitled to a vacation home?
Workers household are entitled to paid annual leave of fifteen days after one years continuous service, subject to compliance with the following record: workers whose time is 6 days a week, have done effective work at least 260 days and if the day is 5 days a week at least 210 days.
11 .- The domestic workers are entitled to bonuses?
home workers are entitled to a reward on Independence Day and another for Christmas. The bonuses will be paid in the first half of July and December. The amount of these is equivalent to 50% of the monthly wage.
12 .- Do Domestic workers are entitled to compensation for Length of Service?
If you are entitled to payment of compensation for time in Services (CTS), an amount equivalent to fifteen days' pay for each year of service or the proportion of that amount by a fraction of a year. Will be paid directly by the employer to the employee upon termination of employment within forty-eight hours or the end of each year for services as a full settlement.
For purposes of calculating the CTS should be taken into account the monthly remuneration received in the calendar month preceding the termination. In the event that the benefit is paid this will be calculated annually based on a calendar year. In this course be taken into account compensation in December of that year. Fractions of years are calculated by twelfths or thirtieths as appropriate.
References: Article 9 of Law No. 27986 and 9 of the Supreme Decree N º 015-2003-TR.
13 .- What are the obligations of home workers?
Workers are obliged to provide services diligently and maintain confidentiality about the life and incidents in the home, unless required by the Act
References: Article 4 of Law No. 27986.
14 .- What procedures for hiring a domestic worker there?
There are two types of contracts:
a) bed outside: the worker does not live at home or home where she works.
b) in bed: the employee lives in the home it serves.
References: Article 14 and 15 of Law N º 27986.
15 .- What is the working hours of workers in the home?
The worker can not work more than 8 hours a day and 48 hours per week in any mode.
To determine the maximum time in bed mode is taken into account the amount of work periods Cash provided during the day and week. Period of effective service is one in which the worker is carrying out the orders given by the employer.
References: Article 15 of Law N º 27986. Article 9 of the Supreme Decree No. 015-2003-TR.
16 .- What in bed mode, the employer is obliged to provide accommodation?
When the worker stays at home all the time, the employer must provide a suitable accommodation at the economic level of the workplace in which they provide services and supplies.
References: Article 16 of Law N º 27986.
17 .- home workers have the right to education?
If in addition the employer must provide appropriate facilities to ensure assistance to the school employee outside working hours.
References: Article 17 of Law N º 27986. Article 9 of the Supreme Decree No. 015-2003-TR.
18 .- What are the types of termination of employment contracts of domestic workers?
The employment contract may be terminated by the following reasons:
• Agreement of the parties.
• On death of a party.
• For worker's retirement.
• Decision of the employee (resignation). In this case must give prior notice of fifteen days, however, the employer may exempt from this term.
• For serious misconduct.
References: Article 8 of Law No. 27986.
19 .- Can the employer by choice termination of employment?
If the nature of trust, the employer may be separated from employment without cause by giving fifteen days' notice or paying compensation equal to the total compensation of fifteen days if we disregard this notice.
References: Article 7 and 8 of Law No. 27986.
20 .- Domestic workers must be affiliated to the Social Security Health?
If members are considered mandatory social health insurance provided that work a minimum time of four hours daily. The insurance payment for the worker and employer contribution is 9% of insurable earnings of the worker. The minimum wage will be taken into account in determining the contribution is equivalent to the minimum living wage (S/.500.00).
employer's condition corresponds to the natural person in whose service the employee works from home.
References: Article 10 ° of Supreme Decree No. 015-2003-TR, Article 18 of Law N º 27986.
21 .- Do workers in the household should join the pension system?
Yes, you can opt for the National Pensions (ONP) or by the private pension system (AFP). The minimum wage will be taken into account in determining the contribution is equivalent to the minimum living wage (S /. 500.00).
employer's condition corresponds to the natural person in whose service the employee works from home.
References: Article 10 ° of Supreme Decree No. 015-2003-TR, Article 18 of Law 27986.
22 .- The domestic workers are entitled to a settlement of social benefits upon termination of the employment relationship?
If that includes the payment of social benefits such as Time Compensation Services, Vacation Truncate Truncate and Gratuities and any other social benefit is outstanding.
The truncated record holiday will be compensated at the rate of many twelfths and thirtieths of remuneration and any countable months and days worked.
truncated gratification is determined in proportion to the full calendar months worked during the period in which termination occurs.
Source: mintra.gob.pe
