In this article, we are going to discuss different legal and administrative information about Home Services and caregivers and caregivers with this type of contract.
What is a family home service?
- Any of the domestic activities carried out in a home.
- Care or attention of family members.
- Set of domestic tasks such as: daycare, gardening, driving vehicles
Who can contract through a household contract?
- The owner of the household where the service will be provided
- A direct relative of the home where the service will be provided
The category of caregiver will be Assistant, because it encompasses both personal care and home maintenance tasks.
Types of Contracts: Indefinite or for Work and Service
Two types of contracts are established in the Workers’ Statute.
- Indefinite Employment Contract
- Temporary Employment Contract for Work and Service
Indefinite Employment Contract
It is recommended if it is a service that has a reason for permanent need.
Important considerations in permanent contracts
Trying period of 2 months: for two months from the day the employment contract begins, both the family and the caregiver can withdraw from the employment contract without prior notice and without the right to compensation.
Temporary Employment Contract / Work and Service
It is recommended for families if it is a temporary service. You need to have a specific reason.
Important considerations in the temporary employment or work and service contract:
- Maximum duration of 3 years
- Trial period is proportional to 2 months for 1 year of contract (e.g. in a 6 month contract would correspond to 1 month of trial period)
Duration of a work and service or temporary contract:
The contract may have an end date: when it is clear from the family that the employment relationship will last until X specific day. For example: month of August, vacation replacement for the usual caregiver.
The contract may not have an end date: when the end date of the service is not clear, but we have a specific real reason. Ex.: a post-operative, hospital accompaniment
There is no transformation from a Temporary contract to an Indefinite contract: In the Home Regime there is no transformation of said contracts as in the General Regime. Consequently, to carry out the change of contract, a discharge and registration must be made in Social Security. To maintain seniority we can include a clause indicating that seniority is recognized.
Calculation and Types of Salary in the home regime
Interprofessional Minimum Wage
The payment of the Interprofessional Minimum Wage is guaranteed, at a minimum, which is 13,300 euros gross per year, with the SMI monthly salary being 1,108.33 euros gross.
Said salary is understood to refer to the full working day (40 hours), being received pro rata if a shorter working day is worked. It will not be possible to make any deduction for salary in kind for maintenance or accommodation. When there is salary in kind, it may not exceed 30 percent of salary receipts.
Keep in mind that salary calculations are always given in gross salary.
Prorated pay
By agreement, household employees have 14 payments, 12 monthly payments plus 2 extra payments. Here we prorate the two extra payments during the 12 months (12 annual payments).
Types of salaries
There are two types of salaries:
- Normal Salary
- It is used for internal (permanent) contracts or contracts of more than 120 days and can be full-time (40 hours) or part-time. Payrolls for full months are calculated over 30 days. Caregivers do not receive payment for their day actually worked, but instead receive a proportion of their gross monthly salary each day. Payrolls for the starting month (first month) will be calculated as a daily salary, based on the number of days in that month. The amount of the SMI (internal regime) is €36.94/day or €1,108.3/month in 12 annual payments.
- Monthly Salary
- It is used in hourly contracts (external) when the service does not exceed 120 days. The SMI of said employees will be €7.43/h and this amount includes vacations and extra pay. It is used for contracts of 1 to 15 days (an example would be contracts of only 5 days of work). Amount of the SMI (external regime) = €7.43/hour worked.
How are holidays reported in home services?
With regard to vacations, there are 30 calendar days (holidays and weekends included) of vacation per work year. This implies that each month of work, 2 and a half days of vacation are generated.
It is important to keep in mind that vacations always have to be organized together with the family, that is, in an agreed manner and with some time in advance, to be able to manage a substitute person, if required.
There is a possibility that we will not reach an agreement and in this case the way to proceed will be different:
The family will choose half of the vacation days on the date they select and the worker will choose the other half of the days on the date they select.
Holidays and holiday prices in home services
- Holidays are non-working days in which the caregiver has to receive salary as a normal day and does not have to work. However, both parties can agree to work on a holiday. The agreement on the amount to be paid must be prior to the holiday.
- Worked holidays have an increase in the price/hour: you must pay 75% more than your ordinary price/hour, EXCEPT compensatory rest (the worked holiday can be changed to rest during a working day).
- If a holiday coincides with a day of rest for the caregiver, the holiday cannot be postponed. That is, the caregiver “loses” that holiday.
Price table for hours or holidays proposed (as a suggestion and example):
| DURATION OF DAY | NORMAL HOLIDAY | SPECIAL HOLIDAY (CHRISTMAS, NEW YEAR’S EVE AND THREE THINGS) |
|---|---|---|
| From 1 to 4 hours | €13/hour | €20/hour |
| 4 to 8 hours | €11.5/hour | €17.5/hour |
| Full-time | €80 | €120 |
