HOW TO HIRE A MAID OR A DOMESTIC WORKER IN COLOMBIA IN 2020
In Colombia, domestic service employees such as maids must be bound by an employment contract, that is, they cannot be bound by a service provision contract.
Domestic service includes a list of activities typical of the home such as cleaning, preparing food, washing and ironing clothes, childcare and any other activity related to the employer’s home.
Domestic workers can be linked under a written or verbal employment contract, for a fixed or indefinite term. They can be hired to work full time or for days. It all depends on the needs of the employer.
Whoever hires a domestic service employee must fulfill a series of work obligations that are indicated in detail in the following article. Please note that the rights of a domestic worker are almost the same as any other employee.
What You Must Pay a Domestic Worker?
The domestic worker must be paid the following:
- A salary that must not be less than the minimum salary including salary in kind. Salary in kind for domestic servants. In the case of domestic workers who work for days, the daily salary cannot be less than the equivalent of the monthly minimum salary, and for this the minimum salary is divided by 30.
- Social benefits. Social benefits in domestic service employees
- Social Security. Social security in domestic service
- Extra work, night, Sunday and holidays. Overtime and surcharges at night, on Sunday and on holidays
- Transportation assistance. Transportation assistance in domestic service
- Family allowance.
- Working holidays.
- Housekeeping vacations
Many foreigners make a big error paying a maid more because they feel the daily payment is too small, not knowing about liquidation and benefits. Benefits and liquidation are based on the daily payments.
This value is over 50% of what is paid on a daily basis. Then if a judge gets involved with a lawsuit fines may be applied to not providing uniform, health insurance, pension and other benefits.
Special recommendations when hiring domestic workers
- When hiring a domestic worker, keep the following recommendations in mind:
- Always link them to a written contract.
- If you provide food or housing to the employee, leave in writing the treatment that you are going to give to these items, which may be wages in kind, or payments that do not constitute wages.
- Affiliate her to social security even if she is in the Sisben, as you will be financially responsible for any illness or accident suffered by the employee.
- Do not pay her a full salary, since this does not exist in domestic service, unless she pays her 13 minimum wages.
- Settle and pay social benefits when applicable.
- When you pay your salary, have him sign a receipt.
- If you are dismissed without just cause, pay the corresponding compensation.
- In the case of layoffs, keep in mind that you should not deliver them to the employee until the contract ends. While the contract is in force, you must consign them in the severance fund or you will lose them and you may be forced to pay them again.
- You must grant permission to attend medical appointments.
- If you hire it for days, you can pay the day you work or at the end of the month, and in any case you must pay the social benefits on the dates indicated by law.
- The value you give to your internal employee’s food and housing must not exceed the equivalent of 30% of the minimum wage.
- Pay social security as provided by law. The UGPP can also supervise it.
Since 2005, our legal firm Medellin Lawyer has helped clients to draft employee contract for hiring domestic workers in Colombia. We are the oldest expat visa business in Colombia. We also have more attorneys in office than any other visa agency in Colombia.
In addition to our visa services we offer a full range of legal and accounting services to our clients. By having a legal and accounting firm work on your application, we are able to handle any surprises or last minute requests by immigration officials or by a judge.