Domestic workers: do I have to pay employment agencies to place me in a position?

In Peru there are more than 400,000 people who do paid domestic work and 96% are women, according to the Ministry of the Interior. In addition, it is known that more than 50% are located in Lima and are between 30 and 44 years old (36%). Since this type of service continues to be in demand in our country, there are employment agencies that offer to place interested people in a job position. Should they charge you for that service?

Employment agencies that offer job placement to domestic workers are prohibited from making charges that affect their economy, according to the National Superintendence of Labor Inspection (Sunafil). Well the remuneration to the agency for the contract of domestic workers must be made by the employerthat is, by the person interested in hiring the staff.

What should include a contract for domestic workers?

According to Law 31047, promulgated in October 2020, domestic workers have the right to a contract in which their work is recognized as a formal job and all the details of the relationship with the employer are established. However, many times employers are unaware of this requirement or do not know how to draw up a contractso in practice the verbal contract predominates.

The first thing that a contract for domestic workers must specify is the personal data of the employer and the worker. “In the case of the working party, names, identity document, address, email, date of birth, marital status, sex, profession or trade must be specified,” explains Cecilia Vargas, Labor Law partner at CMS Grau.

Likewise, it is important to record the start date of the relationship, form of provision, that is, with residence or without residence, as well as the tasks that the contracted party must carry out (cleaning, cooking, washing and ironing), and the place where the service is provided.

“It is also necessary to specify the amount, opportunity and means of payment of the income and, if necessary, include the bank account number, as well as the day, hours of work and weekly rest, social benefits and social security”, points out Vargas.