Domestic Employees: New Rules and Obligations
Domestic employment plays an essential role in society, guaranteeing the upkeep of businesses and homes and people's well-being. In order to ensure adequate social protection for these workers, new rules have been established to regularise their situation, provide security in cases of accidents at work and guarantee fairness and equality in the employment relationship.
Employment Contract for Domestic Employees
One of the main obligations for employers of domestic workers is to draw up an employment contract. This contract must contain crucial information, such as the identity of the employer and employee, the duration of the service, the tasks to be performed, the place of work, the amount of pay and the rules regarding time off and holidays. The salary can be agreed by the hour, day, week or month, and holiday and Christmas bonuses correspond to the monthly remuneration. It is also important to note that fixed-term contracts, whether certain or uncertain, must be in writing.
Communication of the Contract to Social Security
One of the significant changes is the obligation to notify Social Security when a domestic worker is hired. This notification must be made no later than 15 days before the start of the service, and can be made in person, by e-mail or by post. In the case of foreign workers, they must also be registered with the tax office and have a residence permit or work visa.
Calculation of Social Security Contributions
When subscribing to Social Security, the employer must choose between two contribution schemes: conventional or based on actual remuneration. In the first system, the rate is calculated based on the social support index, and in the second, it is based on the amount actually paid, as long as it is not less than the national minimum wage. It is important to note that, with the exception of unemployment benefit, all domestic workers are entitled to social protection for situations such as illness, parenthood, invalidity, old age and death.
Compulsory Labour Accident Insurance
This insurance guarantees protection in the event of injuries sustained while at work or travelling between home and work. The insurance covers medical expenses, transport for treatment, compensation for disability and, in extreme cases, death benefits and funeral expenses.
Other changes to the domestic service rules
In addition to the aforementioned obligations, other changes have been implemented in the regulation of domestic employment. Some of these changes include the reduction of the normal working week to 40 hours, the admission of minors under the age of 16 provided they have completed compulsory schooling, the regulation of holidays in accordance with the Labour Code and new rules for the termination of contracts due to expiry.
Complying with these obligations is crucial not only to avoid legal penalties, but also to promote a safe and dignified working environment for domestic workers in Portugal.
We are available to provide you with all the information you need about Domestic Workers insurance and to find the best solution for you.
Speak to your intermediary and make sure you have the right, up-to-date insurance.
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jose.monteiro@grumese.pt
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