About 9 out of 10 domestic workers are informal, despite the law

In September 2020, Congress approved by a large majority the creation of a law for domestic workers, which was promulgated by then-president Martín Vizcarra.

There is no official calculation of the universe of employees. It is estimated that between 360,000 and just over 400,000 people perform paid home work, according to the ENAHO.

With the birth of Law No. 31047, a precedent was set because “a struggle of several years” prospered—in the words of Vizcarra—since they were guaranteed better working conditions; but until today it has not achieved any substantial change: 9 out of 10 do not have a contract, revealed by the International Labor Organization (ILO) within the framework of the International Day of the Domestic Worker, which is commemorated every March 30.

What is the law looking for? In short, it practically homologates home work with the rights received by workers in the private regime.: receive a salary no less than the RMV (S/1,025) and have two annual bonuses, CTS payment and in the case of residence services – colloquially called bed inside – their employers must give them time to rest, otherwise, they will be counted such as work hours and to pay for food and uniforms.

Political abandonment: neither girls nor maids

Leddy Mozombite, general secretary of the National Federation of Domestic Workers (Fenttrahop), regrets that in its first years, law no. 31047 has not had the desired impact. In his opinion, the Minister of Labor and Employment Promotion, Daniel Maurate – like his predecessors – have not brought anything new, except for words in the air like “we will ensure that the law is complied with because there is a lot to do.”

“Convention 189 ratified by Peru before the ILO recognizes us as workers and not helpers, and to work without discrimination, but there is nothing. We are not servants nor are we his girls. Just over 97% are informal because they have not signed a contract. There is no aggressive campaign by the MTPE to require employers to comply with the law,” the union leader commented to La República.

It is worth adding that 96% are women: it is a feminized work —Mozombite reflects—. The average age is 42 years and only 39% have access to the financial system.

For her part, Ángeles Ochoa, general secretary of the National Federation of Paid Domestic Workers of Peru (Fentrahogarp), maintains that the fairest thing is to formalize them since the work they do is exhausting: they unconditionally care for children and the elderly, as well as the sick, but they are not valued.

Ochoa urged Sunafil to intensify its oversight role so that employers and employment agencies comply with the law. In the case of the agencies, he warns that “they take part of their colleagues’ salaries or withhold their ID and force them to work without rights,” he denounced.

Ana: a whole informal life

For 20 years, Ana has been working in various homes and, despite the celebrated Law 31047, there is no contractual role with her employers. From time to time she moves house in order to support her children.

In order to raise awareness among his colleagues and those interested in the service, he has formed a union in Iquitos, where he assures that the State does not reach.

As of March of this year, the ILO clarifies that only 14,176 contracts have been recorded in the Domestic Work Registration System—out of a total of 400,000 domestic employees. Of that handful, 78.45% work in metropolitan Lima. The jungle covers only 9% (Ipsos).

“Here they discriminate against us. Nobody knows anything about the law and the Ministry of Labor does nothing. I earn S/800 a month. “I don’t have insurance and I’m adrift,” comments the mother of the family who, out of caution, keeps her identity safe.

Currently, 9 out of 10 domestic workers do not have Essalud paid by their employers and 8 out of 10 are not affiliated with the Pension System, which “affects their life upon retirement,” Crónicas Perú complements.

Deneci: my case cannot always be an example

Deneci Ramírez is one of the few domestic workers who has a contract. She is aware that this condition cannot be taken as a “privilege,” since it should “encompass and serve everyone.”

“My employer respects the law and gives me facilities. I am unionized and, as the fundamental basis of the homes, we will fight until it is respected and everyone has a written contract. It will be difficult, but little by little we will achieve it,” Ramírez commented to this newspaper, taking advantage of his rest for the long holiday, since he agreed with his employer not to work.

Deneci —who is a member of Fenttrahop— agrees with Leddy Mozombite about the lack of dissemination by the Government about the importance of the law and its inaction to help the thousands of women who are brought from the province and are easily discarded by their employers when they refuse to pay them as the regulations require or enjoy their rights.

“I know from my own work routine workers who are afraid and afraid, or even unaware, like their employees, that there is a law that protects them. We will hold a sit-in (yesterday) with the CGTP so that everyone becomes aware of its importance,” she added.

Should I be paid more if I work overtime?

Sunafil reported that domestic workers, if their working hours are extended beyond 8 hours a day or 48 hours a week, must receive an additional payment. “This is not a favor, but they must pay for those hours of additional service,” reads a statement issued by the labor inspector and the Ministry of Labor.

But how much would you be paid for the additional hours? In the case of an employee who receives S / 1,025 (the minimum wage), per day she earns S / 34.16, and divided by 8 hours a day, the income is S / 4.27 every 60 minutes. Thus, if you spend one hour in overtime, you would be charged S/5.3 for each of the first two hours and S/5.7 for each of the remaining hours.

They also recalled that the worker must evaluate and give consent for payments by bank transfers; and the periodicity of the remuneration may be weekly, biweekly or monthly. Finally, if a worker agreed to work during this Easter, she must make a triple payment for each holiday worked.

Are domestic workers only those who take care of children? No. Sunafil He pointed out that there are also those who look after the elderly, sick people, people with disabilities, domestic and household pets, such as gardeners.