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Monday, 29 August 2016 11:37

Rights of a housemaid

Is understood as "housemaid" every worker who has a special working relationship.

The household employee must be hired by the family head or the head of the family home to do housework, home care or family members, but can also do other functions such as childcare, gardening , drive cars and the like.

If the worker is hired by the head of the family, but it does so through a company, a temp agency or through a commercial contract, will not be an employee of the home, if no other relationship, such as a worker cleaning or an autonomous providing such services. Nor are domestic employees professional caregivers hired under the Law Unit.

A housemaid like any other employee has rights, but many do not know. Since our law firm SF Abogados we provide a list of rights that has as a domestic worker: 

  • Rest between sessions: There must be at least 12 hours; in the case of internal boils down to 10. They also have 2 hours between meals that do not count as working time.
  • Weekly rest: The worker is entitled to a weekly descaso of 36 continuous hours. If possible be enjoyed on Saturday afternoon or Monday morning full day Sunday. The employer is obliged to respect these breaks.
  • Holidays: 30 days independent of the family vacation home, 15 days will be chosen by the worker.
  • Extra fees: the home worker is entitled to two bonus payments per year. It can be agreed the collection of these pay throughout the year. It is what is known as apportion the extra payments.
  • Maternity leave and breast-feeding has the same rights and under the same conditions as other workers. Ie it will be up 16 weeks and a subsidy of 100% of the base will be charged.
  • Holidays: You are entitled to the same holidays as other workers, 14 per year of which two are local celebrations. And it is important to know that the worker is not required to work on holidays so do not have to make up those hours or descontárselas of their salary.
  • Individual and justifying the payment of wages Receipt. It must be ensured that the salary that you receive not less than the minimum wage in proportion of your workday.
  • 40-hour maximum weekly working hours.