Paying The Maid In Blanco...

[Fettucini]

Anyone had any experience making the payment of their mucama (maid) official (through AFIP) rather than in negro?
Mine has asked me to do so but I'm not sure what the implications are, if it's about 50 hours per month.
Anyone know?

 

[wongjoh]

According to this site, there are a number of valid benefits for your maid, not least of which the rights to health coverage and retirement benefits. There is also some (probably minor) benefit to you such as the ability to deduct her earnings from your Argentine taxes. However, do note, that you would have some responsibilities towards her such as 13th month, vacations, days off for sickness, plus possibly more stuff that is due to her according to law. Of course, if she is important to you and your family, she may well be worth it.

If she's working 50 hours per month (less than 64 hours / month), she is not considered in "relacion dependencia" but "autonoma". She would still have a lot of the benefits and you still a lot of the responsibilities, except for having to pay 13th month and vacation.

Another option that you may want to consider is to hire her through a licensed agency. Then you don't have a lot of responsibilities, although it will definitely increase your monthly payout for her. Anyhow, read the full article to get a better sense for what this entails.

 

[citygirl]

It's a simple form - it's a flat 135 pesos a month in taxes. You print it out and pay it at any rapipago, pago facil, etc.

As for the rest - this article should be helpfuu. Hourly/Monthly salary went up 25% in September http://www.lanacion.com.ar/1622869-escala-servicio-domestico-afip

 

[Dublin2BuenosAires]

We will put our valuable helper en blanco, she asked and we're ok with it....however, currently we pay her more than the 28 peso per hour rate. She comes in, irons, cleans and washes for 4 hours and we give her 250, that's her requested rate. Well worth it, haven't lifted an Iron since we've been here. I guess the intention would be to continue with that, rather than 28, which is pretty low ot be honest, that would be less than half what we pay.

She only does 8 hours a week for us, 2 half days generally covers it. I would reccomend her to the ends of the earth ( she looks after our friends kids as well) but she is solidly booked.

I think it is fair and correct that these employees are en blanco. An aguinaldo won't kill us either. It should be incumbent upon all of us, regardless of what we think of the government to pay tax as employees or employers. There is no "opt out" for selfish reasons that is morally acceptable in democracy when it comes to paying up. Tough if you don't agree with how the govt spend it, they have a mandate and they should exercise it as much as it pains me to see some of that tax wasted.

Unfortunately I speak to a lot of people who take a different view, tax "mitigation".. ahem.... is a problem here which should be addressed for the good of the country. The tax burden is not excessively onerous, at least on a European scale, and I'm having a hard time finding reason to listen to the cries of pain and woe some people have around what they should pay.

"But they are corrupt" isn't an argument either.

 

[Fettucini]

I think that sounds fair enough paying her 135 pesos a month and I have no problem doing so.. my only worry is what will happen if at some point I decide I no longer want a maid? Will I be bound to the extreme pro-worker Peronist laws and be sued?

 

[French jurist]

I think that sounds fair enough paying her 135 pesos a month and I have no problem doing so.. my only worry is what will happen if at some point I decide I no longer want a maid? Will I be bound to the extreme pro-worker Peronist laws and be sued?

You can be sued already, and for much more

http://infoleg.mecon.gov.ar/infolegInternet/anexos/0-4999/412/texact.htm

Even if you do everything right, you can get into trouble, but at least less trouble.

I had an "empleada domestica" paid in negro for 18 months. She wanted it that way. Then one day she renounced. We worked out a deal like if I had fired her (paid her like 2 or 3 months worth of work). She always was honest (even found 5K $ I had forgotten to hide -> didn't steal). Fair deal for everyone, never heard back from her.

 

[French jurist]

As for the "extreme pro-worker laws", indeed, the jurisprudence + laws are in favour of such employees.
But in all honesty, aren't they the weakest in the relationship (there are many abuses of course)?

Let's not forget that most of our ancestors were not Lords (rather cleaning the butt of horses or maids getting banged by the "boss"). Social laws have some justification too.

 

[Fettucini]

Well it seems there's something not right with the laws in Argentina when many workers are unjustly sueing the people they work for as know they can get away with it and make a load of money... for example a friend's family ran a restaurant/ bar here a couple of years ago.. they had a chef who they decided to start paying in blanco.. as soon as they did, he stopped working, basically tried to get himself fired.. he just wanted the big payoff. I hear this happens all the time in Argentina.

 

[Marive]

Guys, please note that according to the new law of "empleados de casas particulares" (26,844), all people working as maids/housekeepers in private homes are subject to the law, no matter how many hours a week they work. Therefore, your maid is entitled to the rights set forth in the law irrespective of her working hours.

There will be tax benefits for you if you register your maid, and certainly benefits for her, but be aware that nothing in the world will protect you from getting sued. Even if you do everything by the book you can get sued, you'll just have more elements to defend yourself. Check this link from the Employment Ministry for a summary of the main aspects of the law http://www.trabajo.gov.ar/domestico/derechos.asp

You should be aware that the law sanctions people who do not register their maids with the AFIP with a fine equal to the severance payment (this will apply if your maid sues you).

If you google more information, be sure to check the dates as the new law is from April 2013 and there's lots of outdated info. Make sure you search "personal de casas particulares" as this is the term used by the new law (as opposed to "servicio domestico" in the previous law).

 

[allcraz]

I was hoping someone could help me out. I have gone over this helpful link http://www.lanacion....-domestico-afip

Our empleada is "en blanco" and has been working full-time for us since June 10th, so just over 5 months. She is going on vacation for two weeks starting tomorrow. I normally pay her on the last day of the month. I was going to pay her tomorrow for these first 2 weeks of December, but do I also need to pay her aguinaldo and vacation days tomorrow, too? I'm not sure what the rule is or what she'll expect. Looking forward to your comments. Thanks.