Maid Only Worked 10 Days - Can I Pay Her En Blanco?

citygirl

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This is a new one for me. I hired a maid to start working for me on the 6th of Nov. They work 30 hours a week for me for a set monthly salary, everything done in white.

Anyway, long story short, she only lasted 10 days and then quit (after stealing money from me).

I want to pay her and since I have ZERO trust in this person (who came with references AND a personal connection to another employee - unbelievable), I want to make sure I'm following the rules.

Can anyone confirm - I can still go down and get the paperwork to pay her in white for the small portion that she actually worked correct, even though it was only 10 days? I don't even care about paying the 80 pesos in taxes on her, I just want to make sure I'm doing everything correctly. My assumption is I can just pay her the pro-rated monthly salary. I also will have her sign a timesheet confirming she agrees those are the hours she worked.

Also, since it's a maid, which is different than a traditional employee, I don't need any telegrams sent from her/to her to confirm she no longer is working at all correct?
 
have her give you a note saying she quit.
 
One option is to set the paperwork as a service rather than employment. She could make both a typed and a handwritten note saying she provided 10 journeys of cleaning services, for wich she receives the agreed payment, and she takes responsibility of any tax obligation. (Similar to the legal scheme of "Locación de Servicios", of "Monotributo", ideal for a plumber, or a gardener, but in this case this woman, i guess, is not a "Monotributista" so the note would be necessary)

In case you stablish it as an employer-employee domestic work relation, you HAVE to pay the "Aportes patronales" (there is an specific "previsional" regime for domestic employees) and the quit note has to be very clear and make sure its legally valid. BUT, taking into account that 10 days is much less than 90, and 90 days is the testing period for any job (no severance pay needed, for example), maybe the issue of the quit note is easier, just handwrite and sign she received the agreed payment. But you should call ANSES or AFIP and check the "aportes patronales" question.
 
Have her sign a paper when you pay her - dated, with the day/hours worked and the amount paid. Might be a good idea to mention in there as well that she quit.

Within the first month you shouldn't have any problems letting her go. My mother in law once hired a full time cook that lasted three days.
 
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