How easy is it to be sued by a nanny here?

[Fiscal]

I hired a nanny, whom I like, who is in her early 50s. She was laid off from her job doing adminstrative work at a hospital and then filed a lawsuit (her sister was her attorney) against her employer. They reached a settlement in which she was paid a fixed amount.

I told my in laws the story and now they are paranoid she will sue me someday for an easy payout.

Is a frivolous lawsuit by a nanny a serious threat in Argentina?

 

[Rich One]

If you hear the truth , will take away your sleep, just keep your fingers crossed? It's like in the Army "Don't Ask....."
How frivolous one can be ?, bear in mind the "domestic Service" will alway win in labour Court.

If you pay "En Blanco" all the legal benefits, your wages are reasonable ,plus the hour workload is within the legal limits, you can rest at ease.Also she needs adequate health insurance to be totally covered in case of illness or an accident...! the Medical Insurance should cover a worker From his home to his work and Back ?

 

[Fiscal]

I'm reading the 2013 thread on maids here and realize I do everything wrong. I'm way too generous and friendly. And am paying under the table because I assumed they prefer it that way.

I have no problem paying their health insurance, Argentinian equivalent of social security etc... I just don't want to be sued.

 

[sergio]

Unfortunately a lot of the time Argentines mistake generosity and kindness fur weakness .

 

[Rich One]

Pa

I'm reading the 2013 thread on maids here and realize I do everything wrong. I'm way too generous and friendly. And am paying under the table because I assumed they prefer it that way.

I have no problem paying their health insurance, Argentinian equivalent of social security etc... I just don't want to be sued.

"Paying under the Table"? Asking to be sued! Threads from 2013? Rates may be totally outdated...!! plus new regulations for Domestic Service..?

 

[Fiscal]

Reading the thread really depresses me. I felt like I could really help people here struggling to get to the end of the month with honest work, gifts, above-market pay etc.. but reading the maid thread makes me feel like a sucker.

 

[bdk1]

She’s gonna sue you.

 

[Fiscal]

Lol ugh.

 

[Rich One]

All you wanted to know but never dared ask... on Salaries, benefits, holidays, retirement, official holidays, sick leave, termination,etc etc Below minimum rates published

https://www.argentina.gob.ar/trabajo/tribunaldomestico/condiciones

Escala Salarial de Niñeras 2017-2018
Junio Diciembre
Mes$8.875,50 $9.826,50 Sin retiro
Hora$78,00 $86,50
Mes$9.891,50 $10.951,00

Below ALL THE items to consider.....

En esta página:

• Aportes y contribuciones
• Modalidad de trabajo
• Período de pruebas
• Aguinaldo
• Vacaciones
• Licencia por enfermedad
• Licencias especiales
• Protección de la maternidad
• Protección del matrimonio
• Edad mínima
• Preaviso
• Mes integración de despido
• Extinción del contrato de trabajo
• Indemnización por despido
• Agravamiento por falta de registración

 

[AdrianB1983]

Unfortunately a lot of the time Argentines mistake generosity and kindness fur weakness .

I don’t know where you are from but people in general all over the world behave that way. Perhaps you are more sensitive here and don’t pay much attention to people in your own country. I have clients all around the world and they are always trying to f*ck me over, just like my Argentine clients. And the more generous and kinder I am (performing extra work not agreed in the contracts, for instance) the worse it gets.

Reading the thread really depresses me. I felt like I could really help people here struggling to get to the end of the month with honest work, gifts, above-market pay etc.. but reading the maid thread makes me feel like a sucker.

Oh, that almost brings a tear to my eyes! What about paying your nanny “in white” or however you wanna call it. You do the right thing and it’s literally impossible to get sued.

I would say, to you and the rest of the expats here, behave in Argentina like you would behave in your own country. If you can’t or you are not willing to do so, then that confirms even more so that you are basically identical to us Argentines. Many of you may think you have some moral superiority but then you come up with threads like this one.