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Law No. 26,844, published in the Official Gazette on April 12, 2013, sets forth a new Special Labor Contract Regime for Domestic Personnel.
The main aspects of the new regime are listed as follows:
- Scope. Law No. 26,844 is applicable to all the labor relationships undertaken with domestic personnel that work in private homes regardless of the daily working hours or days worked per week.
- Simplified registration. The Ministry of Labor and the AFIP shall develop a simplified registration system for domestic personnel labor relationships. If, at the time of termination, the labor relationship is not registered or is deficiently registered, the compensation for seniority shall be doubled. Laws No. 24,013; 25,323 and 25,345 shall not apply.
- Trial period. For personnel who do not live in, the trial period extends for 30 days since the commencement of the labor relationship. For personnel who live in, trial period shall be of 15 working days duration, but cannot exceed three months.
- Accidents and non-professional diseases. In case of accidents or non-professional diseases the employer shall pay the salary for up to three months a year, if the employee’s seniority do not exceed five years and for up to six months, if it exceeds it.
- Maternity protection. Female employees will be entitled to a 90-days maternity leave during pregnancy. While on leave, the employee will collect a social security benefit equal to her normal salary. If the employee is dismissed seven months and a half prior to or after the delivery date, it shall be presumed unless contrary proven that the dismissal is related to pregnancy, and the employer shall pay a special compensation equivalent to one year's salary. Same presumption will apply in the event of termination of pregnancy or stillbirths.
- Marriage protection. If the employee is dismissed three months prior or six months after the wedding date, it shall be presumed unless contrary proven that the dismissal is related to the marriage, and the employer shall pay the special compensation just as in case of maternity.
- Termination without just cause. If the employer dismisses the employee without just cause, the employer must pay the employee compensation for seniority, integration of the dismissal month and payment in lieu of prior notice. The compensation for seniority is equal to a monthly salary for each year of service or fraction in excess of three months. Prior notice shall be given by the employer at least 10 days in advance when the employee’s years of service do not exceed one year, and at least 30 days when it exceeds it.
- Work risk insurance (ART). The employer must provide work risk insurance to the employees.
- Labor Contract Law No. 20,744. It shall be applicable in all that results compatible and in all issues not contrary to the nature and terms of the new regime.
This new regime replaces and repeals the domestic service regime established by law-decree 326/56 and decree 7979/76. |
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