Carmen was hired as a live-in domestic worker in Miami, but her responsibilities quickly grew to include laundry, gardening, childcare, and taking care of the family’s ten dogs.
Even though she was promised housing and food, she could only eat if there were leftovers. Her wages were irregular; some weeks she was paid $30 or $50, and she often wasn’t paid at all.
After suffering a broken arm at work, Carmen tried to ignore the pain, but when she realized she needed medical attention, her employers fired her.
Her situation was documented in the Home Economics: The Invisible and Unregulated World of Domestic Work report (available in English), which reveals the difficult realities confronted by many domestic workers.
Although not all domestic workers experience abuse as severe as what Carmen suffered, many find themselves in similar situations without contracts to protect their rights and define their obligations.
Recently, La Alianza surveyed around 1,600 domestic workers about their voice or influence over their working conditions. The majority of those who were surveyed said that they had less voice than what the should have regarding important issues of their jobs such as wages, working conditions, respect at work, and decisions about how to carry out their work.
In Carmen’s case, the lack of a formal contract meant that her working conditions were imposed by her employers, without clear limits. That is why it is so important to have an employment contract that not only serves as a frame of reference, but also promotes respect and professionalism, NDWA points out.
Note: The National Domestic Workers Alliance is La Alianza’s partner organization.
Below, we look at the key issues that every domestic worker should consider when negotiating her contract, drawing on the experience of domestic workers, advice from expert organizations, and recommendations from the Department of Labor (DOL).
Keep in mind that the following items are considered best practices by the DOL and are intended to improve the domestic work industry, so they may go beyond local, state, and federal legal requirements.
However, these practices are not a substitute for federal, state, and local legal requirements relating to employment, employee benefits, and other terms of an agreement, says the DOL.
- Responsibilities: This section should detail the tasks and responsibilities expected of the worker. It may include caregiving priorities, parenting styles, expectations of the worker, or relevant rules.
“We have to be very specific. The duties we ask for in the contract are all we are going to do and if there is a chance you might do anything else, specify that it will be at a higher wage,” advises one nanny who has had success negotiating her contracts. - Working hours: The contract should specify the days and hours that the worker is expected to be in the home. “If you agreed to 40 hours per week and your employer wants you to work fewer hours, they must still pay you for the 40 contracted hours,” advises Rosa Peña, an organizer with NDWA.
Breaks and regular meals should also be established as part of the workday. It is also important to establish how schedule changes, such as how much advance notice is required and payment for cancellations, will be addressed. - Wages and payment frequency: The contract must include the rate of pay, the frequency with which you will be paid (weekly, biweekly, etc.), overtime pay, and an explanation of when raises and bonuses will be offered.
“The cost of living is different in every state…go to a park or ask colleagues who do the same work how much they charge so that, based on that, you can come up with a rate and be able to ask for it,” advises the nanny. - Benefits: This includes a list of the benefits that the employer will provide, such as paid vacations, paid sick days, paid holidays, transportation costs, and others.
“After offering my services, I ask for a guarantee of my rights and any paid holidays and paid sick leave I will have. All of that is negotiated.” says one nanny who has been in the profession for 12 years. - Working conditions: The agreement could include providing the necessary materials and tools for the job, as well as any safety measures that must be met in order to guarantee a safe working environment.
- Communication: An effective contract must establish how the worker will communicate with the employer and vice versa. For example, a periodic review could be established to discuss what is going well and address any problems or conflicts that have arisen.
- Termination of the contract: It is essential that the contract include the requirements for dismissal, the prior notice required to terminate the employment relationship, and any severance pay to which you are entitled. Peña recommends negotiating an additional week of pay for every year worked after the conclusion of the contract.
If the worker decides to leave the job, she will not have a right to the severance pay, but it is essential that both sides understand the terms in order to avoid unpleasant surprises. - Notarized letter of reference: Finally, a clause regarding a letter of reference should be included, which is essential for future job opportunities. This letter should be notarized and updated annually. Many domestic workers depend on these letters to find new jobs.
The Importance of a Written Contract
A written contract provides stability and helps guarantee the quality of the work, in order to meet the needs of the employer and the worker, says NDWA. It is crucial that domestic workers educate themselves and negotiate these terms, thus ensuring they have a workplace that meets their needs and guarantees their rights.
“We should all have a contract, but if you don’t, create one through [text messages]. Take screenshots of the texts and save them so that in the future you will have proof of what you negotiated with that employer,” Peña recommends.
Editor’s note: This article was originally written in Spanish and translated into English by Tilde Language Justice Cooperative
