What risks those who pay the babysitter illegally

The figure of the babysitter is often fundamental in family organisation, despite this, the habit of not hiring workers to pay them illegally is very widespread.
It should be known that the babysitter carries out in all respects a subordinate domestic work role and therefore must be regularised.
There is no distinction for the "on-call babysitter", who provides occasional services when the family needs it (in case of illness or for special events), who must have a contract and regular payments just like the permanent babysitter.
What may vary is the way in which the collaborator is brought into compliance, with the family register for occasional services and with the domestic collective agreement for babysitters who provide services regularly (no matter how many hours a day).
In both cases, the consequences for the family that does not fulfill its duties are quite serious.
Illegal babysitter: risks and consequences What is the risk of those who pay the illegal babysitter Mandatory hiring communication Failure to register with INPS Failure to pay contributions Late payment of contributions Compensation for damages and criminal liability What does the risk of those who pay the illegal babysitter Who pays the illegal babysitter risks receiving a multitude of administrative and civil sanctions, but also having to pay compensation for damages if the conditions exist.
The family that does not regularize the babysitter, regardless of the hourly amount of work, must therefore come up with a lot of money, much more than they thought they had saved with the illegal payments.
Not only that, in the event of an accident the employer also risks criminal liability, the severity of which is directly proportional to the severity of the accident.
Here is an overview of the legal risks you face.
Mandatory notification of hiring The first sanction against the domestic employer who does not regularize the babysitter concerns the failure to communicate the employment relationship to the INPS, which costs a fine of between 200 and 500 euros.
Anyone who communicates the hiring late or does not inform of the termination or transformation of the employment relationship is also subject to the same sanction.
read also Caregivers and babysitters, total expense deduction for employers: the proposal Failure to register with INPS By not fulfilling the obligation to communicate the hiring to INPS you also violate the obligation to register the worker with the institution social security, thus having to pay a second fine, this time between 1,500 and 12,000 euros.
That's not all: the amount can be increased by the Provincial Labor Directorate by 150 euros for each day of actual work.
Failure to pay contributions If the babysitter is in the black, therefore the hiring and registration of the worker has not been communicated to INPS, not even the due contributions are paid.
Although this is a direct consequence of the irregularity of the employment relationship, the law provides for a specific sanction for non-payment of contributions, which is also quite high.
In particular, the employer must pay civil penalties at the rate of 30% on an annual basis calculated on the basis of evaded contributions, with a maximum of 60% and a minimum of 3,000 euros.
Also in this case, the duration of the actual work performance is irrelevant, so even a single day can cost 3,000 euros to the family who has not regularly paid the babysitter.
read also Babysitting bonus, what it is and who can benefit from it Late payment of contributions The law encourages employers to regularize the position of employees, providing a discount on the penalty for non-payment of contributions when the employer makes the payment late spontaneously within 12 months of the deadline.
In this case, the penalty corresponds to a maximum of 40% on the amount due in the quarter or on the residual amount.
Compensation for damages and criminal liability The consequences of the employer paying the babysitter illegally do not end with the liability towards INPS, but also include the risk that the worker initiates a civil lawsuit.
In this case, the family will be required to pay: severance pay; holidays and thirteenth salary accruals; notice indemnity.
Not only that, given that the payment was not made through traceable means, the worker could also demand the payments already made again, unless there is other evidence.
Finally, if the babysitter is injured while working, she can seek compensation for damages from the employer, who risks being involved in criminal charges if the accident is serious or even fatal.
It is not necessary for the employee to submit the report, as the report could come directly from the hospital.
read also Undeclared work accident: compensation, consequences and sanctions