Monday, October 25, 2010

Regularisation: What to do if employer can't go to sign contract

Indications from Ministry of Home Affairs,

18th January 2010: If an employer applied to regularise his/her domestic worker but due to sickness, the employer is unable to personally go to the Immigrations Office at the Prefecture when summoned to undersign the Residency contract, he/she can simply delegate this responsible to a family member. Family member in this case means spouse,children, or direct line and collateral line relatives up to the third grade. This has been clarified by a new Circular letter from the Ministry of Home Affairs.

But if the contract is to be undersigned on the employer’s behalf by a non family member, then the employer must delegate this responsibility through a notarial deed. The employer can also delegate this responsibility to the person through a written document with employer’s signature which must be authenticated by an official of the City Council in which the employer resides.

The Circular letter also states that in case the employer has to add up his/her income to those of other family
members in order to hire a housekeeper (colf), family members in this case is not only limited to those having the same residence with the employer. The income of the following family members can also be added to that of the employer: All people related to the employer through marriage, parentage, affinity, adoption, fostering, or those having affectionate relationship with the employer, living in together with the employer or usually living in the same City Council.

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