Learn about the salary and benefits you must pay your Colombian maid or domestic worker, known as an empleada doméstica, to avoid penalties!
Law 1788 of 2016 governs bonuses and vacation pay for domestic workers. Legal professionals recommend that you have your Colombian maid or domestic worker sign a contract. Bear in mind that although a written contract is recommended, even if you do not have one, you are still obligated to comply with the law and give your empleada doméstica her bonus and vacation pay. The domestic service worker can be hired through a written or verbal employment contract. Since these contracts are often verbal, as per the law, they are considered indefinite-term contracts.
As more families hire domestic workers for their homes, employers must clearly understand their responsibilities when entering into these contracts. A domestic service worker provides personal services directly, regularly, and under your supervision or authority. In exchange for payment, they handle tasks such as cleaning, cooking, laundry, ironing, childcare (as nannies), and other household duties. Personal drivers and gardeners are also considered domestic workers.
Types of Domestic Work
Different modalities of a domestic worker include:
- Live-In Workers (Internas): Those who reside at the place of work.
- Live-Out Workers (Externos): Those who do not reside at the place of work.
- Part-Time Domestic Workers (Trabajadoras domésticas por días): Those who do not live at the place of work and only work a few days a week, either for one or multiple employers. Regardless of the type of arrangement with your domestic worker, they can be bound by an employment contract, whether written or verbal, for a fixed or indefinite term.
Salary and Benefits paid to a Colombian maid or domestic worker
Now, let’s establish the labor rights that domestic workers have:
- Salary Payment.
- Transportation Allowance: If the worker lives at the place of service, they are not entitled to this payment.
- Bonus Payment: Equivalent to 15 days of salary, paid in two periods:
- Before June 30.
- Before December 20.
- Vacation: Equivalent to 15 working days of paid rest after one year of service.
- Severance Pay (Cesantías).
- Severance Pay Interest (Intereses de Cesantías).
- Uniform and Shoe Allowances (Dotaciones):
- Enrollment to the Comprehensive Social Security System:
- EPS – Health System (only if the worker is live-in, interna).
- Pension.
- Occupational Hazards (ARL).
- Compensation Fund (Caja de compensación).
Complying with all legal requirements may require a higher financial investment, but remember that legal claims from domestic employees or fines can cost much more. Treat these costs as an investment in peace of mind and a step toward building a fairer society. These laws apply to everyone, whether you rent or own your home or apartment.
To assist you, here is an online calculator that can help calculate the year end bonus for your Colombian maid or domestic worker.
For guidance on creating an employment contract, calculating end-of-year bonuses and vacation pay, or managing other payments for your domestic worker, please use our contact form and one of our representatives will be in touch with you shortly. You may also contact us via Whatsapp.
