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Domestic workers: what must the employment contract include according to law?

Domestic workers: what must the employment contract include according to law?

This Thursday, March 30, marks the International Day of Domestic Workers and, according to Law 31047, promulgated in the year 2020, this It is a non-working and paid holiday. In addition, in Peru, the people who carry out this activity must have an employment contract and must be registered with the Ministry of Labor and Employment Promotion (MTPE).

In the country there are around 400,000 domestic workers, of which 96% are women, according to the Ministry of the Interior. Most of them are between 30 and 44 years old (32.6%), while half of the total live in Lima and the rest in the other regions of the country. In addition, 86% have a verbal employment contract.

Only 4,682 domestic workers are affiliated with the Pension Standardization Office (ONP) until October 2022. This figure reveals that only 1 in 100 workers would have a retirement in their old age, according to the National Federation of Paid Domestic Workers of Peru (Fentrahogarp).

What should the employment contract include according to law?

Domestic workers have the right to a contract in which their work is recognized as formal employment and in which all the details of the relationship with the employer are established. Cecilia Vargas, CMS Grau Labor Law partner, specifies that The domestic workers regime applies to the hiring of people who carry out activities related to maintaining the home and upkeep of the house or room.

The document must be made in writing in any of its modalities, that is, for an indefinite or determined term. In addition, the first thing that a contract for domestic workers should specify are the personal data of the employer and the worker.

The start date of the relationship, the form of service, 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 of the service must be clearly stated. provision of the service. In addition, the working conditions must be specific, such as the supply of food, the use of a uniform, what is related to accommodation, among others.

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

Source: Larepublica

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