Hiring a domestic worker requires the employer to be aware of the legal obligations and rights involved. In this guide, we will explore the main rights and duties that domestic employers in Brazil need to follow to ensure a fair and legally compliant working relationship.
- Who is considered a Domestic Employer?
A domestic employer is someone who hires a worker to provide continuous services in their home, on a non-profit basis, such as maids, nannies, cooks and drivers. To be considered a domestic employer, the work must be provided at least three times a week.
- Domestic Employer's Main Rights
Domestic employers have rights aimed at transparency and protection of the employment relationship. These rights include:
- Contract in Writing: It is advisable to formalize the employment contract in writing, detailing working hours, duties and remuneration.
- Trial period: The employer has the right to set a probationary period of up to 90 days.
- Right to Termination of Contract: If the employee commits serious misconduct, the employer has the right to terminate the contract with cause.
- Duties of the Domestic Employer
In order to comply with the legislation, domestic employers must meet the following obligations:
- Record in work book: The worker must be registered on the work card, ensuring that they have access to labor rights.
- Payment of FGTS and INSS: The employer must pay the FGTS (Severance Indemnity Fund) and the INSS (National Institute of Social Security), which guarantee worker security.
- Vacation and 13th salary: The employer must grant annual leave of 30 days and pay the 13th salary, as provided for by law.
- Overtime pay: If the worker exceeds the agreed working hours, the employer must pay overtime, respecting the 50% surcharge.
- Domestic Workers' Main Rights
In addition to the employer's obligations, it is important to know the rights of domestic workers:
- Defined working hours: The standard working day is 8 hours a day and 44 hours a week.
- Additional night: If the worker works between 10 p.m. and 5 a.m., they are entitled to the 20% nighttime bonus.
- Transport and food allowance: The employer may optionally offer transport and food allowances, but these are not compulsory.
- Benefits of Compliance with Labor Laws
Complying with legal obligations brings benefits to both the employer and the worker. The employer avoids labor lawsuits and establishes a relationship of trust, while the domestic worker feels safe and protected.
- Conclusion
Knowing the rights and duties of the domestic employer is essential for a healthy and legal working relationship. Complying with the rules guarantees security for both parties, avoiding legal complications and promoting a fairer working environment.
