The Verkhovna Rada began to legalize domestic work: the right to a pension and the obligation to pay taxes

26 April 2023, 19:07 | Economy
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The Verkhovna Rada adopted as a basis a bill regulating the work of domestic workers. What does this mean and who does it concern, studied "

The essence of the document is to introduce the concept of "

The purpose of the bill is to provide social protection for domestic workers and reduce the level of undeclared work. That is, a person will have official employment and certain guarantees from the state, and the state will receive an additional taxpayer.

What does the bill change?.

The document supplements the Labor Code (Labor Code) with a chapter consisting of six articles. They define the concept of domestic work and workers, fix the legal status of the subjects of labor relations, describe the mandatory terms of the contract with them.. First you need to understand the key concepts. There are three in the document..

Household is defined as a set of persons living together in the same housing, providing themselves with everything necessary, leading a joint household. That is, this is a family living in a house or apartment. A household can also consist of one person.

This definition is not new in the legislation.. It is contained in the order of the State Statistics Service of 2012, which regulates the register of statistical units in agriculture..

The second concept is housework. This is a service for households on the terms of an employment contract.

The third concept is a domestic worker. This is a person doing housework as part of an employment relationship with an employer. The last member of the household is.

Innovations will allow a family wishing to hire a nanny or a cleaner to formalize a relationship with this person, prescribe the obligations of the parties and receive legal protection..

Conditions for domestic workers.

The authors of the bill believe that the specifics of the work of domestic workers requires a special regime of working hours and rest, as well as special procedures and grounds for terminating an employment contract. In particular, the document expands opportunities for people working and living in the territory of the employer's housing.

So, in an employment contract, it is possible to fix paid or gratuitous provision of housing to an employee, a ban on the employer to independently calculate the cost of living from the salary.

However, the Main Scientific and Expert Directorate noted that the bill does not describe the rights of workers in the event of forced eviction from housing for vacation or vacation..

In addition, the document regulates working time and rest time for domestic workers, provides for alternative options for choosing a system for recording working time, as well as guarantees when accompanying employers on their vacation (this time is added to working time).

The employee can calculate his working time and coordinate it with the employer. Work on holidays and non-working days is possible only with the written consent of the employee.

Domestic workers are guaranteed respect for their honor, dignity and privacy. At the same time, the employer receives a guarantee of non-disclosure of confidential information that the employee received in connection with the work..

The employer must notify the employee of the dismissal at least two weeks in advance.. An employee can quit instantly if the employer encroaches on his honor and dignity.

Can Domestic Workers Be Officially Registered Now?.

Can. To do this, the employer and the employee enter into a written contract. The parties are subject to the usual labor guarantees: labor protection, the right to rest and pay.

If we compare the current norms and conditions prescribed in the draft law, then only the designation of the place of work, the method of calculation and the timing of payment of salaries will be innovations.

What will encourage people to register as domestic workers.

" Status is an opportunity to get a seniority and, after the appropriate age, get a pension,” explains Irina Konstankevich, co-author of the bill..

If the bill is adopted, employers will be exempted from the need to pay the Unified Social Contribution (22%). Whether or not to pay this tax is up to the employee to decide..

There is a situation when the employer does not want to formalize the employee and pay taxes for him, but the employee wants to receive seniority, therefore, requires official employment. If the changes to the legislation are finally adopted, then the employee will be able to pay ERUs on his own and is more likely to agree on official work..



In this case, the employer must pay personal income tax (18%) and military tax (1.5%) for the worker.. In order to pay ERUs on their own, a domestic worker must submit a corresponding application to the tax office at the place of residence. The tax authority has the right to check the information, after which an agreement on voluntary participation is concluded.

Another way is to conclude an agreement on the voluntary payment of insurance premiums through "




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