Aguinaldo is a right for domestic workers and an obligation for employers that is part of fair treatment in this employment relationship, coupled with the living wage, holidays, contract and social security.
Even if there is no contract in between, Section 87 of the Federal Labour Act provides for the payment of aguinaldo, without exception, to all workers who provide subordinate personal work, in accordance with the National Council to Prevent Discrimination (Conapred).
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If you don’t know how to calculate the corresponding aguinaldo for home workers, the «Safe To Live» campaign, made up of organizations like ILSB, Seeds Fund, Home Fair Home, and UN Women, has a tool available that calculates it automatically.
The aguinaldo payment is equivalent to fifteen days’ salary for those who already serve one year in service and must be paid only in cash, not in kind. Although «this is the minimum that must be paid by law, although many employers have the good practice of paying more than stipulated,» the campaign says.
The page indicates the precepts to be calculated manually: «If the person already has one year in your home, the easiest thing to calculate the aguinaldo is to divide the monthly salary between two, to have the calculation of the fifteen days. Otherwise, you have to make a more accurate calculation and be clear about the monthly payment and the days you worked during that year.»
Read: The 6 errors you should avoid so that your aguinaldo doesn’t ‘evaporate’
But there is also the possibility of entering the days worked per week, the daily salary and the months worked and the tool does the automatic calculation.
The aguinaldo, as required by law, must be delivered by December 20. And in case the salary includes lodging and food, we must add the proportion of the cash value that this payment in kind represents.
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