If you want to record the labor agreement in writing, you have at your disposal a prototype of an indefinite and temporary contract
Since October 1, the changes in the working conditions and social security of domestic workers are already applied. This group of workers already has the right to protection in a situation of unemployment both at the contributory level and at the welfare level. The new rule will allow them to contribute to Social Security. The form of contract is also included in the Royal Decree published in the Official State Gazette. An important point to record what was agreed between both parties.
Is it mandatory to make a written contract?
The employment contract of domestic workers is governed by the Workers’ Statute. Said document states that the agreement may be made in writing or orally. Although in some cases it is mandatory that the working conditions are reflected on a piece of paper.
– Contracts for internships and for training and apprenticeship.
– Part-time, fixed-discontinuous and relief contracts.
– Contracts for the performance of a particular work or service.
– Fixed-term contracts whose duration exceeds four weeks.
How to download the contract
Even so, either party may require that the contract be formalized in writing, even during the course of the employment relationship. To carry out the contract for domestic workers, now that their situation has been regularized, the State Public Employment Service (SEPE) offers a model that you can download. Access the official SEPE website and follow the following path: Home > Companies > Employment contracts > Contract modalities.
In this section you will have available the download of the permanent and temporary contract models, which have been modified to adapt to the new regulation. Both documents contain specific clauses for people in the family home service (page 16). The contract must be presented at the General Treasury of the Social Security in the process of registration of the domestic employee. The number of weekly hours and the way in which the work will be paid are reflected in the indefinite contract model. It also includes the application of a 20% reduction in contributions, which can be extended in the case of large families. If it is a temporary contract, the circumstances must be specified to require the services only for a certain time. The duration may not exceed 6 months, unless it is extended to a year by collective agreement.
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