We often think that certain jobs can be done ‘without passing through the sheet’, such as small homework or any small homework, because they are difficult to oversee the legal entities. In this article, we will tell you about a change in the legislation on domestic work, which aims to combat this very common fiscal practice, which can result in (very) heavy fines.
Obligation to communicate to social security
If you have a domestic worker, be aware that “not communicating the contract to social security and not making their contributions is a crime, punished with a prison sentence and a fine up to 360 days, whose value can reach 180 thousand euros”, as warns of Deco Proteste, which struggles to end this very common fiscal practice.
In addition to the criminalization of unlavoded domestic service, there were other changes in the regulation of this activity that you should know.
Among the main changes, the Consumer Protection Organization highlights:
40 -hour week – Working hours have been reduced from 44 to 40 hours per week. For internal workers, night rest increased from eight to 11 consecutive hours.
This break can only be interrupted in cases of force majeure or if the worker has been hired to watch patients or children up to three years.
Admission of under 16 -It is still possible to hire under 16 years, provided they have completed the compulsory education or to attend it.
Vacation – The holidays were regulated by the rules of the Labor Code, ensuring 22 business days per year. In the first year of contract, the worker is entitled to two business days of vacation for each month of work, up to a maximum of 20 days.
The holidays can be taken after six months of contract, the. If the employer prevents the enjoyment of vacation, compensation will be equivalent to three times the retribution. The worker can resign the vacation that exceed 20 business days, without loss of retribution or the vacation allowance.
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Holidays – The domestic worker is entitled to enjoy compulsory holidays without reduction of salary. If you work on a holiday, you must have a paid compensatory rest day, which should be enjoyed the same week or the next. If this is not possible for the employer’s reasons, the worker is entitled to remuneration regarding the day worked.
Termination of the contract by expiration – The contract may end due to significant changes in the employer’s family life. For example, if the worker is hired to take care of children who, however, cease to need assistance.
If the contract ceases for this reason or the employer’s economic difficulties that have arisen after the contract, communication must be done at least:
- 7 days for contracts up to 6 months;
- 15 days for contracts between 6 months and 2 years;
- 30 days for contracts longer than 2 years old.
These changes reinforce the rights of domestic workers and impose new obligations on employers, who will be subject to heavy fines if they maintain this tax practice. Staying informed is essential to ensure compliance with the law and avoid penalization.
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