If you make the decision to live in Portugal, then you may have to hire house staff. Unfortunately, it is not unusual that these activities are not declared. This is of course illegal, because any paid activity must be registered with the relevant authorities. It is also dangerous for the concerned employees because they are exposed to difficult situations in the event of illness, loss of employment or work accident. Fraudulent employers may face heavy fines and can even be sentenced to imprisonment. It is therefore strongly recommended, for the well-being of all, to declare your employees to the competent authorities.Personal care services are quite developed in Portugal: taking care of your home, your parents, your children, your garden or even you is a common practice. There are, however, rules to follow if you decide to call in domestic staff. The hiring of personal care professionals in Portugal must be done in accordance with the law. What are the compulsory insurances for house staff in Portugal ? Lisbob, the expatriate assistant in Portugal, with his partner Inov Expat, tells you everything about personal assistance.
Is it compulsory to declare one's personal aid worker in Portugal?
The answer is of course yes. You are in good standing with the law and demonstrate social responsibility by declaring your employee to the competent authorities. This is as practical as it is simple and almost free. Indeed, the Portuguese legislation plans a specific scheme for house staff. This status is more flexible than the general system provided in the Labor Code. Additionally, the Portuguese law provides a very broad list of the tasks that can be requested from an employee, who may be exposed to any unforeseen event, not only at home but also outside. Hence, once again, the importance of a legal framework.
You will also have to write and sign an employment contract. Regardless of the remuneration conditions of your domestic employee (fixed-term, permanent, remuneration by the hour, the day or the month), a written proof of the agreement made between the two parties is mandatory. In the event of a dispute, and in the absence of a written contract, the Portuguese law will consider that the employee has a permanent contract. It is therefore more than recommended to establish a written contract in order to avoid any complication.
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Occupational accident insurance for domestic staff in Portugal: an obligation
It is mandatory for an employer to take out a labor insurance for his domestic worker in Portugal, regardless of the type and duration of the contract that binds them. Accidents occurring in the workplace and during journeys must be covered by the insurance contract. If an accident occurs outside of the working hours mentioned in the contract, then the employee will be protected if he or she is currently hired by the employer. For example, if the employee has to travel for professional training or to go to a medical exam, then he will be insured.
It is essential to specify the annual amount of the remuneration, even if your employee is paid by hourly, daily or weekly rate. It is in relation to these amounts that the cost of the insurance policy and the bonuses are calculated. It is also important to specify the payments made in cash (restaurant vouchers, for example), and the means of transport used by the employee (the use of a two-wheeler may represent an additional insurance cost).
Insure your domestic staff in Portugal: a win-win system
You will find beneficial interests in declaring and insuring your personal assistance employee in Portugal. For your part, it is the insurer who takes responsibility and who bears the costs that may result from an accident occurred to one of your employees such as hospital and medical expenditures, examinations, funeral, etc.
For the employee’s part, he or she can benefit from the covers included in the insurance policy. The worker will be entitled to access short-term disability benefits, specialized assistance necessary for his recovery, payment of a family pension in the event of death or permanent disability, along with other benefits.
As you must understand, it is essential to declare and insure your house staff in Portugal. Assistance to the person is an activity that is regulated, and it is important to stay in good standing with the law, and with the well-being of your employee. Peace is priceless.
If you want to get a free quote for house staff and personal assistance, you can contact our partner Inov Expat.