Presumed Guilty Of Domestic Service Evasion....!! A F I P

[mariposa]

[background=rgb(252, 252, 252)]What the citizens should be worried about is the voting in October. I sense a change in the tide myself. Here is Recoleta, there were lines at the desks to apply for the documentation for voting (the window of time slammed shut on April 1). Everyone in the line was under 18--the new voters. I sense that mom and dad have had enough and are hoping to rely on the new voters to help change the tsunami of rules that are making life uncomfortable.[/background]

Actually I read it the other way. It's a way for los K to pack the voting booths with naive young kids who fall for any kind of slogan. From La Campora directly to the voting booth ..
Hope I'm wrong...

 

[sesamosinsal]

How do you engorce the labor low about mucamas?
...
So, i think that this afip decree is razonable.

Your profession would be nonexistent if the State enforced labor laws--or any law, for that matter--just by merely assuming that a person was violating them (or not) with no judicial proceedings whatsoever.

In my opinion, this decree is totally unreasonable.

 

[ajoknoblauch]

Well, i dont understand why so much scandal.

How do you engorce the labor low about mucamas?

Normally the work police make an inspection and fine you in 80.000 pesos but, if you put the employeds in white, you pay 300 pesos fine.

But mucamas work at your home, and it is protected by the constitution. And the SC precedents are more or less alike the US.

So, i think that this afip decree is razonable.

Perhaps the first time I've ever heard "AFIP" and "razonable" in the same sentence.

 

[Inferno.]

Well, i dont understand why so much scandal.

How do you engorce the labor low about mucamas?

Normally the work police make an inspection and fine you in 80.000 pesos but, if you put the employeds in white, you pay 300 pesos fine.

But mucamas work at your home, and it is protected by the constitution. And the SC precedents are more or less alike the US.

So, i think that this afip decree is razonable.

Is never reasonable to asume one is breaking the law and charge you because of it. Government shouldn't make a law saying "oh, you are earning above 28k pesos per month, so, you must have an illegal maid. Shame on you sir, here is your ticket!"

This is only opening a door for other laws to charge you 50% for all those iphones "you must have smuggled cause you flew back from the US" or charge you as an evader "for the cayman bank accounts you probably have because you earn above 7,000 pesos per month and went there once in 2005".

 

[Rich One]

Your profession would be nonexistent if the State enforced labor laws--or any law, for that matter--just by merely assuming that a person was violating them (or not) with no judicial proceedings whatsoever.

In my opinion, this decree is totally unreasonable.

Are we facing Kangaroo Court Trials...?? The Burden of Guilt reverted, and Presuncion de Inocencia gone.

 

[Smcali23]

Is never reasonable to asume one is breaking the law and charge you because of it. Government shouldn't make a law saying "oh, you are earning above 28k pesos per month, so, you must have an illegal maid. Shame on you sir, here is your ticket!"

This is only opening a door for other laws to charge you 50% for all those iphones "you must have smuggled cause you flew back from the US" or charge you as an evader "for the cayman bank accounts you probably have because you earn above 7,000 pesos per month and went there once in 2005".

Or 'You have a car, so I'm gonna tax you for a chaufeur'. I'm with you on this one, it's crazy.

 

[rrptownley]

Someday, somewhere they will leave a little mosaic on the piece of pavemiento I was occupying when AFIP decided I was guilty before proven so.

 

[Parvati]

The law is written in a way that seems to crucify the 'wealthy' as everything in this government. However, I do see it as an excuse to start regulating the maids. Most maids I know have a plan and therefore do not want to be en blanco. So this is a way to force employers and maids to pay the fees and clear them up with AFIP. Also, it forces maids to stop abusing the plans and start paying taxes. According to the new law, even if a cleaning lady works at your house one day par week you must pay her contributions with AFIP, and she is considered to depend on your work for survival. However, every place the woman works for now must pay the AFIP blanco, so now AFIP has a registry of the woman's earnings and activities. I know the law gives them now even more protection, and now they can sue even if they only work for a couple of hours at a place, but that already happened and I do hope it ends the abuse on the planes and other social incentives.

 

[Parvati]

any one has a response that is more helpful??

You need to pay her Afip contributions. http://www.afip.gob.ar/genericos/calculointeres/ in this page you go into the link calculo de intereses resarcitorios. You fill there the information and ckick on gross calculation. It will give you the interests you need to pay over her contributions. Once you have that you fill the form 102.B http://www.afip.gob.ar/genericos/blanco/ clearly stating the amount for the worked hours I think you qualify for 35 pesos and the interests you owe for not having her in blanco. You can do this for every month she has worked with you until now. Once you pay the month of May you will not need to pay any interests. Once the form is filled you take it to Rapipago and pay. Since you will pay interests you will not be able to pay more than three months at a time, so you can fill three forms by day and pay them until you are current with her fees. The Rapipago will attach two tickets o the form, the number of the transaction is the payment number you should write on the 102B form. You keep the big slip she keeps the smaller one and you both sign the papers.
Last and this is the kicker. If she does not want to be in blanco, you can't force her. So, you need to convince her of it. Also, as you will see in the form you need her DNI in order for this to work. If you have her in the books or blanco, when she leaves you she must send you a telegram where she quits or you must send her one claiming she is abandoning her job. Or you need to send her one where you fire her. The kicker of the last option is if you send it and fire her... you need to pay a month of wages for every year worked or the proportional part if less than a yr but more than 3 months... Many maids will not want to send the telegram quitting because that blocks them from getting unemployment if they ever need to claim it. Same if they abandon their job. This opens the door to a tense negotiation when you need to let them go.
Good Luck!
P

 

[mariposa]

[background=rgb(252, 252, 252)]You need to pay her Afip contributions. [/background]http://www.afip.gob....calculointeres/[background=rgb(252, 252, 252)] in this page you go into the link calculo de intereses resarcitorios. You fill there the information and ckick on gross calculation. It will give you the interests you need to pay over her contributions. Once you have that you fill the form 102.B [/background]http://www.afip.gob....nericos/blanco/[background=rgb(252, 252, 252)] clearly stating the amount for the worked hours I think you qualify for 35 pesos and the interests you owe for not having her in blanco. You can do this for every month she has worked with you until now. Once you pay the month of May you will not need to pay any interests. Once the form is filled you take it to Rapipago and pay. Since you will pay interests you will not be able to pay more than three months at a time, so you can fill three forms by day and pay them until you are current with her fees. The Rapipago will attach two tickets o the form, the number of the transaction is the payment number you should write on the 102B form. You keep the big slip she keeps the smaller one and you both sign the papers.[/background]
[background=rgb(252, 252, 252)]Last and this is the kicker. If she does not want to be in blanco, you can't force her. So, you need to convince her of it. Also, as you will see in the form you need her DNI in order for this to work. If you have her in the books or blanco, when she leaves you she must send you a telegram where she quits or you must send her one claiming she is abandoning her job. Or you need to send her one where you fire her. The kicker of the last option is if you send it and fire her... you need to pay a month of wages for every year worked or the proportional part if less than a yr but more than 3 months... Many maids will not want to send the telegram quitting because that blocks them from getting unemployment if they ever need to claim it. Same if they abandon their job. This opens the door to a tense negotiation when you need to let them go.[/background]
[background=rgb(252, 252, 252)]Good Luck![/background]
[background=rgb(252, 252, 252)]P[/background]

Actually my maid comes for 4/5 hrs/week. I don't have to do anything.