Domestic employees rights

diarist, contract, vacation, 13No. salary, PIS and INSS


The domestic worker is a person who provides various services such as cleaning and maintenance of a residence, home, apartment, site, farm, etc. This type of employee does not need to be a provider of continuous services, with just a workplace, to be considered domestic workers, that is, a day laborer working in several residences during their shift is also considered maid and has all the pension rights.

If the person is subject to an employer and this pay you some sort of compensation for performing these tasks is already considered byMinistry of Labour as domestic workers. From this moment it must have all the rights available to the class, and presents theHome Act (lei nº 5.859/79), which was duly revised and expanded with the Federal Constitution 1988.

work contract

So that the employer can hire a maid, or secretary of home, this should do as Individuals and never as Corporate. Remember if: maid working in a house and not within a company. In the case of holiday, Maid, as well as every citizen withSigned portfolio, You are entitled to 30 vacation days after one year of work. The class of domestic workers alsoThey are entitled to the 13th month salary.

pension rights

So the maid can have all the labor rights and social security, it must haveCTPS (Labor and Social Welfare portfolio) signed by your employer and a number of PIS or PASEP order for your application Individual Taxpayer is validated by the INSS.

If perchance the domestic workers do not have a number of PIS or PASEP, This should make the registration Individual Taxpayer in a Social Security Agency or the nearest post office, or by calling free for the phone number 135, or internet, filling out this form. It will require the following identification documents:

  • ID card or taxpayer's wallet.
  • signed Labor and Social Welfare portfolio.
  • Birth certificate or marriage.
  • proof of address updated.

The value of the contribution from the domestic worker is 12% the contractual salary that is registered on the CTPS. Emphasizing that holidays and holiday-third must, also, be collected. If for some reason the domestic worker stopped paying their charges, You should go to an INSS service center and ask for the calculation of arrears and make the payment as soon as possible so that the benefits guaranteed by law to be restored.

By doing your registration inInsurer of the Brazilian worker, and are current in the payment of charges, the taxpayer will be entitled to:

  • age retirement, disability and for Employees;
  • Maternity pay and survivorship (widow or child);
  • Sickness and seclusion (beneficiaries arrested);
  • Social service and vocational rehabilitation.

Unfortunately, the domestic worker is entitled to NO:

  • working hours set by law.
  • Compensation for length of service.
  • Family Allowance.
  • special retirement, stability, night shift and overtime.
  • FGTS, unless you have some kind of agreement between the parties.

Pregnancy and maternity leave

If the maid and getting pregnant, consequently, be removed so that the pregnant woman enjoy her maternity leavee, all salary payments will be made bysocial Security for as long as it is within your license, leaving the employer only with the obligation to pay the charge 12% referring to the contribution salary, but is free to make the rate of pay during this period.

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