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Hiring a Housekeeper

HERE IS WHAT YOU NEED TO KNOW IF YOU’VE HIRED A HOUSEKEEPER…

On behalf of SAENICSA as a way to contribute the community I would like to share a summary of requirements based on the actual labor code of Nicaraga, and more recent legislation that the Asamblea Nacional has accepted as applicable in Nicaragua. I hope that the following is of help and assists you when thinking about the responsibilities and obligations that are set upon you at the moment of hiring someone as a housekeeper.

I would also like to leave clear that the legal minimum wage for a housekeeper (domestic worker), as the table that the Ministry of Work released for 2015 is currently at C$ 4,468.43.

If you have any questions with reference to the following, or anything that has to do with taxes and accounting, feel free to get in contact with us at SAENICSA. We are a local Nicaraguan accounting and tax firm that is made of Certified Public Accountants Licensed for practice in Nicaragua.

[email protected] / 2244-0759 / 8662-5312 / saenicsa.com

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LEY 185 CODIGO DEL TRABAJO

A domestic worker is defined in the Labor Code of Nicaragua as someone who provides household services to an individual or family within their residence and does whose services are not necessarily for the economic profit of the employer.

146 Remuneration of a domestic worker includes in addition to cash payments, providing meals and an adequate place to sleep if the worker is to sleep at the residence. With reference to the payment of benefits, food and rooming is taken into account, and should not exceed a monetary value of 50% of the salary that is received in cash.

147. Domestic workers are entitled to twelve hours minimum absolute rest, eight of them night and the remainder are continuous. Also they shall be entitled to one day of rest after each six days of uninterrupted work. Also, the worker should be allowed to attend, within the constraints of their service night school for continuity or literacy courses.

148. In contracts for work related to domestic service, the first 15 days are considered probationary and either party may end the contract without notice or liability.

149. The deadline for payment of their wages service domestic may be monthly.

150. It is the obligation of the employer to enroll the worker in social security; in case of default, the employer assumes the responsibility in appropriate cases.

151. Should the domestic worker contract a common sickness by means of an contaminant introduced by the employer or people who live in the house, the employer is obligated to ensure the domestic worker’s full salary until their full recovery and that he should cover the costs of recovery as a result of the domestic worker not having been affiliated to the social security system. In any case it will be obligated to complement 100% of the salary even when affiliated to Social Security.

152. In case of death of the domestic worker, the employer shall pay the funeral expenses, provided the domestic worker had at least a year or more work at your service and are is not covered by social security.

153. The domestic worker is not required to follow the employer to another address other than the one he was hired, having the option to terminate the contract with the corresponding benefits.

154. The allegation of being a domestic worker child rearing it does not relieve the employer payment of wages, although it has proved that given food, housing, clothing and contributed to their education.

I’ve also summarized the following, taken from the C189 of the Organizacion Nacional del Trabajo and since the 17th of October has been accepted here in Nicaragua…

ARTICLE 3
(a) freedom of association and the effective recognition of the right to collective bargaining;
(b) the elimination of all forms of forced or compulsory labor;
(c) the effective abolition of child labor; and
(d) the elimination of discrimination in respect of employment and occupation.

In taking measures to ensure that domestic workers and employers of domestic workers enjoy freedom of association and the effective recognition of the right to collective bargaining, Members shall protect the right of domestic workers and employers of domestic workers to establish and, subject to the rules of the organization concerned, to join organizations, federations and confederations of their own choosing.

ARTICLE 4
1. Each Member shall set a minimum age for domestic workers.
(In Nicaragua the minimum age limit is 14 years old with parents/guardian permission.)
2. Work performed by domestic workers who are under the age of 18 and above the minimum age of employment does not deprive them of compulsory education, or interfere with opportunities to participate in further education or vocational training.

ARTICLE 5
Each Member shall take measures to ensure that domestic workers enjoy effective protection against all forms of abuse, harassment and violence.

ARTICLE 6
Each Member shall take measures to ensure that domestic workers, like workers generally, enjoy fair terms of employment as well as decent working conditions and, if they reside in the household, decent living conditions that respect their privacy.

ARTICLE 7
Information pertinent and that should be included in a written contract:.
(a) the name and address of the employer and of the worker;
(b) the address of the usual workplace or workplaces;
(c) the starting date and, where the contract is for a specified period of time, its duration;
(d) the type of work to be performed;
(e) the remuneration, method of calculation and periodicity of payments;
(f) the normal hours of work;
(g) paid annual leave, and daily and weekly rest periods;
(h) the provision of food and accommodation, if applicable;
(i) the period of probation or trial period (In Nicaragua maximum of 15 days.)
(k) terms and conditions relating to the termination of employment, including any period of notice by either the domestic worker or the employer.

ARTICLE 9
Take measures to ensure that domestic workers:
(a) are free to reach agreement with their employer or potential employer on whether to reside in the household;
(b) who reside in the household are not obliged to remain in the household or with household members during periods of daily and weekly rest or annual leave; and
(c) are entitled to keep in their possession their travel and identity documents.

ARTICLE 10
1. Domestic workers are entitled to normal hours of work, overtime compensation, periods of daily and weekly rest and paid annual.

ARTICLE 11
Each Member shall take measures to ensure that domestic workers enjoy minimum wage coverage.

ARTICLE 12
1. Domestic workers shall be paid directly in cash at regular intervals at least once a month. Unless provided for by national laws, regulations or collective agreements, payment may be made by bank transfer, bank cheque, postal cheque, money order or other lawful means of monetary payment, with the consent of the worker concerned.

ARTICLE 13
1. Every domestic worker has the right to a safe and healthy working environment.

ARTICLE 14
1. Ensure that domestic workers enjoy conditions that are not less favorable than those applicable to workers generally in respect of social security protection, including with respect to maternity.

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