Montana Contract of Employment with Domestic Service Worker
Description
How to fill out Contract Of Employment With Domestic Service Worker?
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FAQ
Anyone who plans on doing the contractor work as described by the Montana Department of Labor and Industry will need to register and apply for a Construction Contractors or an Independent Contractors license. Licenses will be valid for two years, and will need to be renewed accordingly.
Hours of Work, Leave and Dismissal According to the legislation, domestic workers should work no more than 45 hours a week, and should not work more than nine hours a day if they work a five-day week, or more than eight hours a day if they work for more than five days a week.
These terms, which may also be referred to as conditions of employment, generally include job responsibilities, work hours, dress code, time off the job, and starting salary. They may also include benefits such as health insurance, life insurance, and retirement plans.
Regular employees: (i) by nature of the work or those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (ii) by years of service or those who have rendered at least one (1) year of service, whether continuous or broken, with respect to the
Note: For foreign domestic workers ( FDWs ), their well-being and entitlements are provided for under the EFMA. FDWs are not covered by the Employment Act. For guidelines on the well-being of FDWs, read the rest days and well-being for FDWs.
A worker must be:Engaged in their own independently established business, occupation, trade, or profession. Covered under a self-elected workers' compensation insurance policy or obtain an Independent Contractor Exemption Certificate (ICEC).
The law requires independent contractors to obtain either an independent contractor exemption certificate or self-elected coverage under a Montana workers' compensation insurance policy. Refer to MCA, 39-71-417.
The EA is only applicable to employees whose monthly salary does not exceed RM 2,000. It also covers domestic servants and workers engaged in manual labour or operation, supervision, or maintenance of mechanically-propelled vehicles, regardless of their salary grade.
The 2021 minimum wage, assuming 160 hours worked in a month, equated to R3,054 for domestic workers at R19. 09 an hour. In 2022, this will increase to R3,710 at R23. 19 an hour an increase of 21.5%.
Is it illegal to work without a contract? There is no legal requirement for an employee to have a written contract of employment. However, we would always recommend providing one for clarity and to protect your business.
