Domestic employees: The salary you must pay them to avoid a fine

by time news

2023-05-18 00:16:15

People who have hired a domestic worker -the vast majority are women- must update any modification that occurs in their employment situation: registrations, cancellations, or changes in remuneration. In the latter case, it can never be less than the Minimum Interprofessional Wage (SMI) in force at all times.

Although in recent times measures have been taken to improve their situation, that of domestic workers is still a highly precarious group, with salaries that are often within the limits of the established legal minimum.

For this reason, every time the SMI rises, employers who paid their domestic workers below that amount must update their salaries and duly notify the General Treasury of Social Security (TGSS), if they do not want to suffer a severe sanction.

Failure to comply with obligations established by the public body to employers regarding the hiring of domestic workers entails fines that vary according to the seriousness of the infraction:

-Minor offenses: from 6,251 to 25,000 euros.

-Serious offenses: from 25,001 to 100,005 euros.

-Very serious offenses: from 100,006 to 187,515 euros.

The last increase in the SMI was approved last February, although with retroactive effect from January 1. The new minimum wage is 1,080 euros gross per month in 14 payments, up to 15,120 euros gross per year. It represents an increase of 8% compared to the previous amount, and 47% in the last five years.

The minimum amount per hour

However, it is common for many of these workers to be employed for a few hours a week at the same address. For this reason, in the royal decree that established the new SMI, it also established the minimum wage for domestic workers who work by the hour: 8.45 euros per effective hour worked.

If the cash remuneration that household employers have reported to the TGSS for the last time is less than the minimum amounts -whether calculated per month, day or hours- they must update the remuneration, which also serves to determine the contribution base applicable.

The update is carried out through Impor@ss, the Social Security online procedure platform, in the section ‘Modification of labor data in home employment’. In this link you can modify any aspect related to the working conditions of domestic employees (registration, termination, type of working day, salary, etc.).

Any change must be communicated within three calendar days following the date on which it occurs. “Exceptionally, you can request the change of data until the 3rd of the following month,” explains Social Security.

To use Import@ss, the user must identify himself via SMS, with a digital certificate or cl@ve. Social Security offers a guide on how to access the personal area on your processing platform.

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