What rights do domestic workers have and what are the fines in cases of non-compliance?

In 2020, the law on domestic workers was enacted, and a year later, the Ministry of Labor and Employment Promotion formalized the approval of its regulations. In our country there are around 400,000 Peruvians who carry out these domestic tasks, of which 96% are women, according to figures from the Ministry of the Interior.

As stipulated in the standard, female servants in said sector must have a written contract, which recognizes their formal employment and establishes the details of their employment relationship with the employer. Next, review the rights that domestic workers have and the existing sanctions for those who fail to comply with the scope of the law.

What are the rights of domestic workers?

According to Miguel Díaz Cañote, senior judge of the Permanent Labor Chamber of the Superior Court of Lima Este, in statements to the Andina agency, the law on domestic workers seeks to equalize their rights with those of workers in private activity, which involves having access to a minimum vital remuneration, bonuses, vacation rest periods and holidays, as well as adequate working conditions.

Likewise, he explained that the regulation stipulates that all domestic workers, whether or not they reside in the place of work, and are hired for an indefinite or determined period of time, have the right to receive two bonuses on National Holidays and Christmas, each being one equivalent to the total amount of the monthly remuneration. Finally, another of the main recognitions of the legislation is that domestic workers must have access to coverage in EsSalud and their employer must retain their contributions to guarantee a decent pension.

What are the sanctions for those who do not comply with the rights of domestic workers?

One of the main problems in the implementation of the domestic workers law is the informality that exists. According to Judge Díaz Cañote, “there are more people who carry out this work without an established contract between the parties, thus lacking the basic rights that correspond to them.” In this regard, only 14% of domestic workers have a contract, according to the Ministry of the Interior, and there are 8,802 contracts registered with the Ministry of Labor until March of last year.

In cases of non-compliance with their rights and social benefits established in their employment contract, domestic workers can go in person to the National Superintendency of Labor Supervision, an entity that will carry out supervision actions at the work center. Likewise, there is a sanctions scheme to increase the responsibility of employers in the domestic sphere:

• In the case of a minor infraction, a penalty equivalent to 0.05 of a UIT is assigned.
• In the case of a serious violation, a penalty equivalent to 0.13 of a ITU is assigned.
• In the case of a very serious violation, a penalty equivalent to 0.25 of a ITU is assigned.
• In the case of a very serious infraction classified in sections 25.7 and 25.18 of article 25, a penalty equivalent to 4.50 of an ITU is assigned.

Domestic workers: how to report any violation of rights?

According to Judge Miguel Díaz Cañote, domestic workers can file any type of claim before the Judiciary, in the jurisdictional bodies in labor matters, whether they are legal justices of the peace or specialized courts. In that sense, if a person who performs domestic work seeks to file a complaint, he or she must know that Sunafil has enabled a special box for this purpose through the following steps:

• Enter the labor breaches portal of a private company HERE. Afterwards, select the “Go to Service” option.
• Next, the Sunafil virtual complaints portal will be displayed, where you must check the box “I declare that I have read the general terms” and then click “Accept”.
• When entering, in the “labor regime” section, choose the alternative “domestic workers.”
• Provide the requested data, such as the employer’s ID number and the location of the workplace.