Domestic worker contract (colf, badante)
Reference information: rules, amounts and deadlines change. Check the date of the material and the official sources.
Have you been offered a domestic worker contract (colf, badante) to sign, but don’t know the finer points? Then read on…
First of all, you need to understand the difference between a colf and a badante.
The CCNL (Contratto Collettivo Nazionale di Lavoro, the national collective labour agreement), which covers almost all types of employment contract, distinguishes the work of a carer (badante) from that of a housekeeper (colf).
Under the CCNL, a housekeeper (colf) is responsible only for looking after the home, whereas a carer (badante) is a person who assists a self-sufficient (autosufficiente) or non-self-sufficient (non autosufficiente) person, including, on request, all tasks related to meals (buying food, cooking, laying the table, etc.) and cleaning the home.
What is a domestic worker (colf) employment contract?
This type of employment contract governs the relationship between a household worker and the employer. The employer is the person who chooses the working hours and the tasks to be done. The worker is the person who does the work. In this contract the parties set out the most important aspects of the relationship: time limits, holidays and the expected pay.
A housekeeper is hired solely to meet the family’s needs. In essence, she is a household helper responsible only for help around the home (for example, a cleaner, someone who does the ironing or helps in the kitchen). Such a worker has no specific professional qualification and essentially does only manual housework.
A domestic worker’s employment contract can only be concluded between private individuals, not with a company (for example, an S.R.L. or S.P.A.). The worker can live in the employer’s home (live-in) or come to the employer’s home only during working hours (live-out).
A domestic worker can be hired on a fixed-term (tempo determinato) or permanent (tempo indeterminato) basis. In the first case the parties set the end of the employment relationship from the outset: for example, a domestic worker can be hired on a fixed term for the summer only. With permanent employment, however, the parties set no end date.
This type of contract is not used for business staff. For example, it cannot be used to govern the relationship with an office cleaner. In that case an employee contract (contratto di lavoro per i dipendenti) must be used.
What is a carer (badante) employment contract?
A carer is another typical domestic worker, responsible for looking after and assisting members of the family. As a rule, a carer has some professional qualification. Under the rules, this category covers workers holding recognised certificates or diplomas, for example assistants to the sick, the elderly and people with disabilities. The carer’s main role is therefore to assist the person, but in the time left over they may also do household chores.
Under this type of contract the worker can be classed either as a live-in worker (badante convivente) or as a worker who does not live with the person they care for (badante non convivente).
The maximum weekly hours that can be agreed in the contract are:
from 1 to 40 hours a week (at most 8 working hours a day) under a live-out contract (badante non convivente);
54 hours a week under a live-in contract (badante convivente).
What are the main sections of a domestic worker contract (colf, badante)?
Main sections of a housekeeper (colf) and carer (badante) contract:
Type of contract: fixed-term (tempo determinato) / permanent (tempo indeterminato); full time (tempo pieno) / part time (tempo ridotto);
Personal details of the employer and the worker (*for a badante, the professional grade under the CCNL Lavoro Domestico);
Place of work;
Duties: a description of the work required of the housekeeper or carer;
Working hours: a housekeeper/carer can be hired full time or part time;
Probationary period (if any);
Pay;
Board and lodging: for a convivente/non convivente worker;
Agreed holidays;
Confidentiality: to protect the family’s privacy;
CCNL: if the employer is a member of an employers’ association;
Other terms, for example: time off for personal reasons; extra pay for additional hours worked; arrangements regarding the worker’s vaccination, etc.
What documents are needed to hire a housekeeper (colf) or carer (badante)?
If the domestic worker or carer is Italian, the identity documents needed for hiring are a valid identity card and the tax code (carta d’identità valida ed il codice fiscale).
If the worker is a foreign national, the documents needed are a valid residence permit (permesso di soggiorno valido), a passport, an identity card and the tax code (carta d’identità valida ed il codice fiscale).
- For a carer, any diplomas or vocational training certificates they hold may also be required.
For the employer: a valid identity card and the tax code (carta d’identità valida ed il codice fiscale).
How is a colf / badante contract concluded?
Once all the contractual terms have been settled and both the employer and the worker have all the necessary documents, the employment contract can be drawn up and signed. The contract must always be made in two copies and signed by both parties.
IMPORTANT: The hiring of a worker must be reported to INPS (National Social Security Institute) at least 24 hours before the employment begins (even on a public holiday), using the COLDASS form, or LDEM09 non-EU for a worker from outside the EU (extracomunitario). The notification is made by the employer.
The hiring of a domestic worker must also be reported in the case of:
a probationary period;
periodic or occasional work;
a carer who is already insured with another employer or another company;
a carer who is a foreign national;
a carer who receives a pension.
IMPORTANT: If the carer (badante) is a foreign national, within 48 hours of hiring a carer who lives with the employer (badante convivente), the employer must send a written notice of this to the local public security authority (comunicazione scritta della presenza all’autorità locale di Pubblica Sicurezza). The notice is given by filling in the “declaration of hospitality” form (dichiarazione di ospitalità), which is sent by post or e-mail, or delivered to the relevant public security office (the nearest police station) or to the municipality (Comune di appartenenza), together with a copy of the sender’s identity document.
*Failure to do so exposes the employer to penalties ranging from a minimum of €160 to a maximum of €1,100.00.
IMPORTANT TO REMEMBER: how carefully and correctly you prepare all the necessary documents, enter all the required details and set out the terms of your employment contract will determine how your employment relationship is governed from then on and how all payments are made, including after the employment ends.
