On July 2, 2019, a decree was published in the Federal Official Gazette (DOF) whereby several provisions of the Federal Labor Law (LFT) are amended, added and repealed as well as provisions on the Social Security Law (LSS) regarding household workers.
Next, we will address some important considerations of these reforms.
The definition of household worker is modified. A “household worker” is considered to be a person who, in a paid manner, carries out care, cleaning, assistance or any other activity inherent to the home within the framework of an employment relationship, in accordance with the daily hours or weekly hours established in the law, in any of the following modalities:
I. Household workers working for an employer and residing in the home where they carry out their activities.
II. Household workers working for an employer and that they do not reside at the address where they carry out their activities.
III. Household workers working for different employers and who do not reside at the domicile of either of them.
The benefits according to the provisions of the LFT, which will be available to domestic workers are the following:
b) Vacation premium;
c) Payment of rest days;
d) Mandatory access to social security;
e) Year-end bonus;
f) Any other benefit agreed between the parties.
Also, they will be entitled to compulsory social security insurance.
The employer’s obligations are the following:
a) Household work shall be established under a written agreement, including at least:
I. Full names of both the employer and person rendering the service;
II. Regular workplace address;
III. Starting date of the agreement and, when undersigned for a specific period, its duration;
IV. Type of work to be carried out;
V. Remuneration, calculation method and payment periodicity;
VI. Working hours;
VII. Annual paid vacation and daily and weekly rest periods;
VIII. Food and lodging, when applicable;
IX. The conditions relating to the termination of the employment relationship, and
X. The tools that will be provided for the proper performance of work activities.
b) If the household worker resides at the home where they carry out their activities, food and lodging must be guaranteed.
c) Payment of salary may be made through bank transfer or any other monetary means, with the consent of the household worker.
The hiring of teenagers under fifteen for household work is prohibited.
In the case of teenagers over fifteen, to hire them, the employer shall comply with the following:
a) Request a medical certificate issued by a public health institution at least twice per year.
b) Establish work periods that shall not exceed, under any circumstance, 6 hours per day and 36 hours per week.
c) Avoid hiring teenagers over the age of fifteen who have not completed at least, middle school education, except if the employer takes care of the completion thereof.
Additionally, it is stipulated that the National Minimum Wages Commission will set the professional salaries to be paid to domestic workers.
Please contact us if you have any question on this matter and we will be pleased to assist you.