Exact Laws For Part Time Work

[DerAchtundzwanzig]

@[background=rgb(230, 230, 230)]DerAchtundzwanzig[/background]

What if the employee does not want to work in white or do monotributo?

The one who works for me, does not even want to use the "Sube" card to travel to my place so that the "big brother" does not know the person travels to me daily.

So, first things first: are we talking about a cleaning lady that comes to your house ("servicio doméstico") or just a regular part-time employee in a business? And, how long has he/she been working for you for?

 

[Ceviche]

So, first things first: are we talking about a cleaning lady that comes to your house ("servicio doméstico") or just a regular part-time employee in a business? And, how long has he/she been working for you for?

do not like giving details on the internet.

3 months

not running any businss here.

she just helps me in my day to day life.

she is not a cleaning lady.

just a part time employee helping me do nothing serious but employed by me nevertheless.

 

[citygirl]

If you're talking about a p/t assistant so to speak - tell her she needs to be a monotributista. If she won't, end her employment. And do it now before the 3 months are up which is the legal trial period anyway.

If not, I would bet a lot of money you're going to get sued, given you posted on the other thread that the employee is already complaining about money, asking for more, etc.

I will tell you right now, if you have ANYONE working for you here, it is simply a matter of when you will get sued, not if. And right now, all the warning signs are there in your case.

 

[Ceviche]

@Citygirl
If you're talking about a p/t assistant so to speak - tell her she needs to be a monotributista.


Can you elaborate on it?

Can someone suggest me a professional person to give me professional advise and do the needful.

 

[citygirl]

She needs to register as a monotributista. It's an easy process and it's on her end to do it. Then you pay her en blanco a few hours a week and you have protection. If she isn't willing to do it, honestly, I would get rid of her. That's just my opinion.

The process was outlined by DerAchtundzwanig in a post on the previous page.

 

[Ceviche]

So if the works only and only for me, albeit jjust 2 -3 hours a day, does it logically conclude to that the person is my full time employee?

and if the monoburista reciepts are in logical order ( 1,2,3 etc).

And are such employees entitled to any bonus?

 

[citygirl]

Welllllll.... it would be a lot more protection than you currently have. You should also have her sign a timesheet every week/month. But it does get a little dicey if s/he aren't working anywhere else, studying, etc.

A monotributista isn't entitled to vacation pay, holiday pay, aguinaldo, sick day pay, etc.

 

[Iznogud]

What citygirl said. If bills are consecutive and you're it, then you're setting yourself up for a world of trouble.

That would legally prove that Queen of the Desert is your employee and YOU are covering up for the fact that you should be a registered employer by taking her bills instead of following regular/legal procedure.

0-0

 

[Ceviche]

That means consecutive bills will be a problem too!

so what to do, guys?

It seems whatever i do, I can be cornered.

 

[DerAchtundzwanzig]

What Citygirl said is perfectly right. If she's only been working with you for 3 months, she can't sue you, so tell her she needs to be a monotributista and give you non-consecutive bills. Otherwise, just let her go right NOW. She definitely seems to be the suing kind.

She can't sue you if she's been working for you for only 3 months. And yes, even if she works for you 2-3 hours per day, if she issues a bill every month, and the bills are consecutive and with your name on every one of them, the judge can easily conclude it's a "relación de dependencia encubierta" (undercover/hidden full-time employee).

Trust me, letting her go now will be much easier than the trouble this may cause or money it may cost you.

Good luck and merry Christmas!