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Domestic staff employment law
The Special System for Domestic Employees is part of the Social Security General Regulations and it is usually the employers who must register their employees and pay the major part of their contributions. Another option, available since 1 April 2013 for employees who work less than 60 hours per home, is for the employee to agree with the employer to take charge of the Social Security registration process himself, registering, deregistering, changing data and paying contributions. In this case, if the working relationship ends, the employer has the right to present the deregistration application for his employee. Moreover, the employer remains responsible for paying the contributions to the Social Security, and could be charged in the case of non-payment, unless he can prove that he has paid the money to the worker. The working relationship must be formalised in writing, for which the employer is responsible and failure to do this might incur penalties. Only sporadic services that last less than four consecutive weeks are exempt from the requirement for a written contract (e.g. if you pay somebody you know to help you deep clean a holiday house). Although the formalities may seem a little complicated at first sight, they are in fact straightforward. Just take the employment contract to the General Treasury at the Social Security office and provide the personal details of the employer and employee, the number of working hours per week and how the wages will be paid and a bank account number where the contributions can be charged, in the employer’s name (if he is in charge of paying the contributions) or in the employee’s name (if he has assumed the task of paying the contributions, using the opportunity created on 1 April 2013 for employees working less than 60 hours per home). Several official forms must be filled in before an account is assigned, which you can continue to use even if you change employee or employ more than one person. The Social Security staff will calculate how much the contributions are each month and will charge them to the designated bank account. . More...