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Part-Time Domestic Help Rules

KaiserS

I have a question about DR government rules regarding Part-Time domestic help. I had a part-time maid who worked a few hours per day, once a week, at her own convenience, and sometimes only a couple of times a month. At the end of the month she would send me a factura specifying that she had worked 3 or 4 days that month, and I paid her accordingly, assuming that she is an independent contractor and not my employee. Now that I sold the villa, and she's no longer working for me, she's claiming that she's owed severance pay. Is this correct? Can someone with experience with this situation help me with this issue?

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planner

She is not owed severance pay.  However, there are many nasty labor lawyers who work on contingency and fighting them would cost you time and money.  I would recommend settling with her for some smallish amount and have her sign a descargo for it!  It will cost you far less than should she decide to push you!

KaiserS

Thanks for the advice. However, for the future I would like to know if there are any specific laws that apply to a casual or part-time domestic employee. Would I also owe any accumulated vacation time or prorated Christmas bonus? In USA, any paid vacation time is earned as a percentage of actual hours worked, and accumulates only after 6 months or a year of employment, full-time.

Any input would be greatly appreciated.

planner

If the domestic works for a corporation then they have rights .


Domestic working more than half time have rights.


On call or a day or two a week do not have rights.


Those with rights start at day 91. 


It is good form to offer pro rated vacation and Christmas Regalia to those who don't qualify for these rights.

KaiserS

Thanks for the reply. Now I have another question:

Day 91 of half-time employment or Day 91 of total days worked over a couple of years? So, if a domestic works one day a week for 91 weeks, is she (or he) then entitled to the various rights of a full-time worker?

UncleBuck

The best way, not what the laws say, but the best way, is to just pay them as if they were employees.  I guarantee you, if you don't, even though they are not entitled to the severance or Christmas pay legally, you will be taken to court and you will be made to pay.  Plus penalties.  It is one of the quirks of living here and having domestic help.  Even if you have a contract, pay them severance and Christmas.  It is such a tiny amount and removes the risk of court.  I see you've been told the same on another forum, so it is good advice.

planner

It's calendar days not work days.

KaiserS

I'm starting to get a clear picture now. I basically have to pay whether or not it's a rule.

Another question:

Does the scenario change if they quit voluntarily, or if they are fired for poor performance?

planner

If they quit they have the right to owed vacation days and christmas regalia.  If they are fired with cause it's a whole other game.  When contested, very few cases for dismissal with cause are found on the side of the employer. It always costs more than the actual liquidation costs.  You need a lawyer plus all the time and effort involved!!!

KaiserS

@planner

Thanks for all the info. After digesting all this, I've come to the conclusion that's it will be simpler for me to clean my house myself! 😊

planner

Usually when you show you know the rules they will be more reasonable.  I always recommend giving them certain benefits.

RockyM

@planner
Thanks for all the info. After digesting all this, I've come to the conclusion that's it will be simpler for me to clean my house myself! 😊 - @KaiserS

Good idea. The only person we have hired here is a gardener (hot sun and all). He works 8 hours a month for me, so considers himself my "employee". By law he is not, but it is beneficial for him to claim as such. When we eventually separate I will no doubt provide a severance payment just to avoid the arguments and the trouble. Been there.

Tomyroni

@KaiserS

Is only if she work in contract no pay as you go she try scamed you or just scary you just ignored her...

rgwsf

@KaiserS

That is what I am doing :)