The rise in the minimum wage to 1,080 euros gross per month, in 14 payments, has more repercussions than expected from the outset. One of the consequences is the change in the remuneration of hourly domestic employees, who also see their minimum reference rise.
In this way, those who have hired a person by the hour have to update the payments to those legally established, which are already included in official documents, to avoid sanctions.
In the case of domestic employees who work by the hour, externally, the minimum wage jumps from 7.82 to 8.45 euros gross per hour actually worked, as stated in the BOE. In this figure “only the remuneration in money is computed, without the salary in kind can, in any case, lead to the reduction of the full amount in money,” it is noted.
The annual salary may not be less than 15,120 euros, regardless of whether or not the extra payments are prorated, going on to charge approximately 31.50 euros more per month.
Said increase must be applied retroactively, that is, from January 1, 2023, so that in February the amounts that would have corresponded will have to be paid.
If the minimum wage was being paid, the payment must be updated to the new reference to avoid penalties. If it has already been updated, Social Security must be notified, as well as changes in the type of contract, working hours or a leave. Everything can be done from the Import@ss portal.
In general terms, for new hires “the registration of the employee must be processed before the start of the work activity, with a maximum advance notice of 60 days”, with all the updated data, reports the Social Security. “You have to register and quote for the people who perform tasks at home whatever the number of hours and even if they provide services in other homes,” it is alerted.
It must also be taken into account that as of January 1, 2023, the employer and domestic worker are not allowed to agree to less than 60 hours of monthly work, as recalled by Social Security. Neither does not comply with the obligations regarding contribution and affiliation or with the registration in the system.
If it is not complied with and the Social Security detects it, a registration will take place and an enforcement action will begin for the collection of contributions owed in the undeclared period. If the non-compliance is detected by an inspection, an infringement act may be incurred.
This increase in the minimum wage complies with the provisions of the European Committee of Social Rights and is also intended to provide the most vulnerable labor groups with a decent standard of living, guaranteeing the purchasing power of wages against the increase in the cost of life.
