The time of break for the domestic workers and people who are engaged in activities related to the home environment must serve the same period that is granted to regular employees. The estimated by the Ministry of Labor is that every four hours he is allowed an hour of rest to the collaborator.
With the implementation of the resolutions CNS-11-2022, CNSS 551-08 and 14-2022, with which the Government began to regulate domestic work, a working day of eight hours daily, which are equivalent to 44 hours to week, for domestic and related activities, for a minimum salary of 10,000 pesos per month.
Based on the characteristics of cleaning activities, which entail a physical effort greater, the employer and his worker may establish another rest period. For example: a person who must complete a working day of more than eight hours a day, staying to sleep at the employer’s house, is entitled two breaks –one every four hours–, and after its schedule, it should not be requested.
In the event that the home cleaning assistant, driver, cook, caretaker and gardener, among other collaborators, come to work five hours cumshots, her repose Must be from one hour and 30 minutes.
The weekly rest uninterrupted must be of not less 36 hours between weekly days. Said period will be granted in accordance with the terms established in the employment contract, previously agreed upon.
Exceptions and holidays
There are some exceptions for the domestic worker to continue working outside his home schedule agreed:
- at the time the employer needs it for special assistance
- the need for their knowledge to be required for another type of activity
In both cases, the worker must receive a compensation for their work, whether economic or others facilities for your benefit.
“If the domestic worker pays service in the period of his break weekly, you can choose to receive your salary Ordinary increased 100% or enjoy a compensatory rest, equal to or additional to the time of your weekly rest in the following week”, highlights the instructional guide of the Ministry of Labor.
When referring to the work during holidays days, the document states that each day worked must be paid with an increase of 100% over the salary to which the employee is entitled. For this it is necessary that both parties agree.
paid holidays
Another of the acquired rights for the domestic workers of indefinite contract are the holidayswhich is a rest paid to which the employer is “obligated” to grant each time the collaborator completes one year of work without interruption.
In this line, the ministry specifies that, if the worker has more than one year and up to five years working under the same contract, you must be paid 14 days salary ordinary, and if he is over five years old, 18 days of salary.
That is, each domestic employee who has been working with the same person for more than a year, has the right to 14 days of vacationwhich correspond to a fortnight, which must be paid in advance by your employer the day before the vacation begins.
Every holiday period It must be paid one day before the worker is going to retire for vacation and, if the date coincides with the payment period, they must be paid in full. Holidays are paid in advance of the next fortnight and are not subject to discounts.
