Thirteenth Month Pay in Domestic Work Contracts
This article of the National Collective Labor Agreement for Domestic Work establishes the right of domestic workers to receive a thirteenth monthly salary, equivalent to their actual gross salary, including the indemnity in lieu of board and lodging, as specified in the minutes attached to the contract. This Christmas bonus must be paid by December of each year.
For workers who have not completed a year of service, the amount of the thirteenth month salary is prorated based on the months worked, thereby ensuring fairness and recognition for the service time actually provided. Moreover, the right to the thirteenth month salary also extends during periods of absence such as illness, work accidents, occupational disease, and maternity, within the time limits of job retention and for the portion of salary not covered by the responsible bodies.
This provision underscores the commitment to ensuring domestic workers receive supplementary financial support, acknowledging their essential contribution within families and society.
Art.39 Thirteenth Month Pay
1. At Christmas time, and in any case by the month of December, the employee is entitled to an additional monthly payment equal to the actual overall salary, which includes the allowances in lieu of board and lodging, as clarified in the footnotes appended to this contract.
2. For those whose service does not reach one year, as many twelfths of this monthly payment will be paid as there are months of the employment relationship.
3. The thirteenth month's salary also accrues during absences due to illness, work-related injury, occupational disease, and maternity, within the limits of job retention period and for the part not settled by the responsible bodies.
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Frequently asked questions
The thirteenth monthly salary is paid to domestic workers on the occasion of Christmas, and in any case by the month of December. The amount is equal to the worker's total actual remuneration, including the substitute allowance for board and lodging.
If a domestic worker has not completed one year of service, they will be paid a prorated amount of the 13th-month salary based on the number of months worked.
Yes, the thirteenth month's salary also accrues during absences due to illness, work injury, occupational disease, and maternity, within the limits of the job retention period guaranteed by the CCNL. The thirteenth month is paid for the portion not settled by the agencies responsible during such absences.
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