Exact Laws For Part Time Work

[ElQueso]

And what about what we would call "contract work"...

It's called Monotributista. There is a limit up to what you can earn per year via this method, and you actually pay less taxes. But you have to do a bit more paperwork than in the US and it's probably best to let an accountant handle that part, which costs against what you save in taxes.

Not many Argentinos want to work like that because it's complicated and there is some issue with relinquishing your status as Monotributista if you go to work for someone else later.

As in everything LatAm, particularly here, everything is complicated and difficult. Watch the US become more and more like this as everyone tries to make things more "Fair". The US is already on that road...

 

[ElQueso]

Ok, hypothetical situation.

Lets say their is a maid..who works 20 hours a week cleaning the house.

She goes to court.

Court calls me!

I pack my laptop and trolley bag and shift to a new country.

What do they do? Make a criminal case? Issue a international search warrant?

As far as I am concerned its a stupid jackass case..considering their are much more serious things happening!

Yeah, that's about the only thing you could do if you refused to pay and didn't want any more hassle. I don't think they'll stop you at the border unless maybe you have a judgement against you already...

Most of the time when employees do this crap they are not looking to go all the way to court. They want to settle - you pay them to go away basically.

 

[citygirl]

If you have the option to pick up and leave - that makes it a lot easier. And no, there probably is very little they could do, especially if you don't have any assets here in this country. If you owned a house for example, they can attach a lien saying you can't sell the house until the debt has been paid.

I will say when the judge decided on the penalty for my OH, they told him he wasn't allowed to leave the country until it was paid. (OH is Argentine). I'm not quite sure how they would have tracked it or whether there is some way an Argentine passport gets flagged but the judge was very clear about it.

Again, for an extranjero, it's not such a big deal if you don't have assets/residency/etc here.

 

[Rich One]

In most countries in LATAM in a Labour Court, in the absence of a written Contract, the burden of the proof is on the employer , the word of the employee always prevails. Many employees claim they don't want benefits etc. because they are receiving plans etc. then later on in Court they change their minds!! Must consult with a Labor Law Specialist...!!
If not ask Mitha Legrand, she is being sued by her maid for 20 years of benefits

 

[DerAchtundzwanzig]

It's called Monotributista. There is a limit up to what you can earn per year via this method, and you actually pay less taxes. But you have to do a bit more paperwork than in the US and it's probably best to let an accountant handle that part, which costs against what you save in taxes.

ElQueso is right - you should require your part-time employees to be monotributistas. Cleaning ladies are a completely different case, they have special laws and regulations.

However, as much as I agree that everything's complicated here, getting the monotributo is not complicated at all. If your employees already have a CUIT/CUIL, all they need to do is fill up an online form called "Alta de Monotributo" at the AFIP website (they might need to go to an AFIP office only if they don't have the Clave Fiscal). Then they just need to have a "facturero" printed out at any AFIP-authorized printing house and that's it. They should give you a receipt every time they get paid.

Monotributistas pay their own taxes (as they are supposed to be independent contractors who work for many different places) and they have to pay them before the 7th of each month. The amount of this tax will depend on how much they make every quarter.

You definitely DON'T need to pay an accountant and if your employees give you non-consecuitive receipts (i.e. number 1, 3, 6, etc.), you don't run any risk of having to pay them even if they sue, as that's enough proof of them working for many rather than a sole employer.

More infomation: http://www.afip.gob.ar/monotributo/

Hope that helps!

 

[Ceviche]

@[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.

 

[james p]

civeche, How on earth would using a sube card give any info to the government as to were you are traveling? If she is asking for carfare I would tell her to use the sube card....I have a feeling she is just shaking you down for a few extra coins.....and uses her sube! 40 million Argentines, 80 million scams!

 

[Ceviche]

@jamesP

The person does not use sube card. The person uses coins to use the bus.

 

[Iznogud]

civeche, How on earth would using a sube card give any info to the government as to were you are traveling? If she is asking for carfare I would tell her to use the sube card....I have a feeling she is just shaking you down for a few extra coins.....and uses her sube! 40 million Argentines, 80 million scams!

If you have your CUIL-CUIT the government knows where you live. If you are on a payroll they also know where you work and pretty much which days. SUBE card registers where and when you take the bus.
So if they know I live at the corner of X and Y and take the bus every morning there to travel 1 hour to Z and A where I work and then take a bus near Z and A in the afternoon, they can assume that I do work where I claim to do and also when I won´t be home or where I´m supposed to be most days. It doesn´t take a genius to figure it out.
It´s a mystery why they need that info, the previous travel card couldn´t care less but wasn´t government controlled-run. They drove them off a cliff.

Do you willingly trust the government with your daily whereabouts? They show how much they care for your personal safety, don´t they? Is there anybody you trust enough to tell them when your place is empty? You trust The Man? This Man?

 

[Iznogud]

http://www.afip.gov.ar/genericos/formularios/archivos/interactivos/F102_B.pdf