I have had many questions about domestic workers and the Colombian law.
I decided to write a summary of concepts that employees must know regarding this topic.
Definition: It is the person who executes Cleaning activities, cooking, child care, and other types of activities related to the normal maintanance of a house.
There are 2 types of workers:
Intern: This means that they reside in their place of work.
Daily: They work by the day. (one or more days a week)
SALARY: the Colombian minimum wage is 828.100 for the year of 2019, but the employer can declare up to 30% in fees such as feeding the worker and providing a room and the other 70% has to be paid in cash. Only applies for maids intern.
ASSISTANCE FOR TRANSPORTATION: It is mandatory to pay for domestic workers who live outsider their place of work. This amount: 97.032pesos per month.
BENEFITS: The employer of a full time maid should pay benefits related to SENA, ICBF or family compensation.
CESANTIAS: It is a month of salary per year of work. In case the housekeeper has not been working a complete year, you pay her proportional to the time of work. Half is paid in June and half in December.
PRIMA DE SERVICIOS: it is a month salary per year split in 2 payments. Half before June 30 and other half before December 30.
TYPE OF CONTRACT: The contract can be verbal or written. The verbal contract means it is full time employment for an undetermined period of time. A written contract can be for a specific period of time, like one year, which can be renewed each year. The employee can only sue for the period during the last written contract. The oral contract permits the employee to sue for all years they worked for the employer.
TIME OF WORK: Max 10 hours a day.
SOCIAL SECURITY: It is mandatory to pay PENSION, HEALTH INSURANCE and professional risks.
Part time worker: When the housekeeper only works one or two days a week for the employer the above CESANTIAS must be according to the days worked. Other required payments are also based on the amount of days worked.
