Esteban Rada
Colombian attorney
www.lawyerscolombia.com
email: info@lawyerscolombia.com
Telephone 57-311-7693976
As an attorney in Colombia, I have seen many cases in which US citizens who paid domestic workers the daily cash but never registered with the Colombian social security system or liquidate at the end of the year the Colombian domestic workers benefits, are getting sued and those labor cases are difficult to win in court by the American employer because the lack of compliance with the Colombian work code.
Here are the benefits of a domestic worker. We will talk with no difference between a full-time domestic worker and a per day domestic worker in Colombia.
Colombia Monthly salary 2023: it is equal to $1.160.000.
Colombia per day salary $38.666.
Transportation assistance 2023: it is equal to $140.606.
SOCIAL SECURITY BENEFITS. They should be paid by you and directly to the commercial institution of health insurance and pension and work insurance. NEVER DIRECTLY TO THE COLOMBIAN DOMESTIC WORKER OR COLOMBIAN MAID. This implies fines and again new payment for you.
Health: As for health, the total contribution is 12.5% of this percentage the employer pays 8.5% based on the worker’s salary, and the worker is deducted 4% from the salary.
Pension: For pension, a contribution of 16% must be made, where the employer contributes 12% and the employee is deducted 4%.
Work insurance: it is in case something happens from and to workplace and during the time in your house performing her domestic cleaning service. It is around 6.000 pesos.
Compensation family fund: It is paid to a commercial institution every month and the institution provides to the domestic worker the assistance for education, improve skills, exercise and other benefits for her and her family.
LEGAL BENEFITS
They are liquidated at the end of the year according to the number of days worked by the Colombia domestic employee or maid.
Service bonus: this is a social benefit that the worker is entitled to for every six months worked, equivalent to fifteen (15) days’ salary, payable in two periods: before June 30th and before December 20th.
Severance pays this is a social benefit regulated by article 249 of the Labor Code and corresponds to a monthly salary for each year worked or proportional to the time worked.
It is paid before the next 15 of February of next year to a special Colombia finance fund. It can’t be given in cash to the worker. If you do so, court will hold you responsible and fines will be imposed.
Interest on severance pay corresponds to 12% annually – or proportional – on the balances that the worker has for severance pay, and the employer must pay them no later than January 31st of the following year or on the date of the worker’s departure.
Vacations: Vacations are the right that every dependent worker must enjoy a paid rest period equivalent to fifteen (15) business days after having provided their services for one (1) year.
Uniform: Colombia domestic worker or Colombia maid should receive a uniform and shoes every 4 months. Of course, we are talking for a full-time worker. In per day domestic maid, this can be arranged different.
If you are having legal issue with your Colombian domestic employee or maid, please contact us for further consultation.
Esteban Rada
Colombian attorney
www.lawyerscolombia.com
email: info@lawyerscolombia.com
telephone 57-311-7693976
