Chile Forum

Is there anything in the law against contracting a family member as a nana for the purpose of receiving afp and fonasa?.... of course they will be keeping the house clean too! or a dog walker, or some task that is worthy of a contract.... Personal Assistant?

I don´t think you will have a problem doing this BUT:

I would check the following with an accountant, there may be different provisions for domestic employees, as they were only recently incorporated into the system.

Generally, if you formally employ someone, you will have to go the whole hog with an employment contract, keeping signed attendance records, issuing monthly payslips etc. FONASA sometimes check up. We got a citacion from them recently, here is the documentation we had to furnish;



If you don´t show up to the hearing you get a fine.....
And this was just for a routine checkup.

As an employer, you have lots of obligations, and not many rights.

Heres the story....

Gf has her own business, Only just going to start issuing boletas, so it will take 6 months before she can get fonasa, but as she has been sick she has not been working, and probably cant work for another 3 months, so thats 9 months until she can get it...

Money is not a issue for us, the problem is she does not have an ISAPRE, she will never get one in chile because of a previous operations no one will touch her, (we are considering a international policy down the road as after 7 years you dont need to disclose the operation.... in chile you do) but we need something for now!

We want to get a basic cover with fonasa, as i dont have fonasa and cant because if have a isapre she can not be my "charge", i dont want do "downgrade", she cant go as her parents charge because she is not studying, so she is left without any health cover at all, Chilean systems at there finest, Have money want insurance but so much processes cant get it, even tried begging to the isapre to have exclusions on anything to do with the operation and pay a premium, she is in her 20s, chances are low she will have any other problems...... that was what the original operation fix, and fixed will, even have signed letters from the surgons saying it was 100% success!

So the most simplest way is for me to give her a contract for minimum wage as a employee in the house... My personal assistant.... Pay the AFP fonasa etc and get her at least some health insurance until she is well enough to work again, once she is working she can put the boletas out and get the fonasa her self and we are back on track... and after 7 years either chile changes its law, or we get the international policy.....

We will have no trouble proving she was paid etc and paying everything we should, but are we going to get investigated? and say she is not being my assistant?, We dont have a nana at home so therefore we both keep the house clean?, she does all my translating and appointments etc (she is chilean).... so in theory she is my assistant? time sheets she can maintain.....

fyi. sickness she has is nothing major, just not compatible with what she does for her business, we expect it to go away after another 3 months, thats what the specialist
said

she could get another job, but with her qualifications she could only get minimum wage working in mcdonalds of course thats not what we want for her!, her business brings her in over 1m a month part time.....

hey Zero, I don't see any issue with what you are proposing. Remember there is no such thing as 'de facto" (legally) here. You are either married or not, therefore you are not employing a wife or family member. Our Accountant has recommended something like this to me and my partner (in our case to potentially pay less tax). He says no issue because we are not married.

Like I said, I think you can do it, but you need to consult a friendly accountant.
FONASA don´t check very often, but if for any reason the monthly payments stop, they like to know why. In our case it was because we had simultaneously laid-off 3 employees. In the meantime, there´s quite a bit of info here:
https://www.previred.com/duena_casa/due ... _legal.htm

don't have time at the moment to get in to all of this, but just a quick thought.

We have had some clients with some pretty crazy complicated conditions get full insurance with an exclusion on the private insurance. Typically it involves a doctors exam to determine the extent of the exclusion and a round of reviews through management. But they did issue the policy. Likely not something your typical insurance sales person wants to go through to write a policy. You might need to shop a bit more for someone that can do it.

admin wrote:don't have time at the moment to get in to all of this, but just a quick thought.

We have had some clients with some pretty crazy complicated conditions get full insurance with an exclusion on the private insurance. Typically it involves a doctors exam to determine the extent of the exclusion and a round of reviews through management. But they did issue the policy. Likely not something your typical insurance sales person wants to go through to write a policy. You might need to shop a bit more for someone that can do it.

this is what im presuming, we are still trying to work with the isapres to get insurance, but also working on plan a,b,c at the same time! at the moment we have managed to get to the jefe of customer service for colemena she is willing to listen to our story!