Clipping of news on Brazilian Culture, Law and Citizenship
20/03/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Completion of the vote on the text, which extends the labor rights of domestic workers, should happen next week
BRASILIA - The Senate unanimously approved in the first round, the amendment to the Constitution which assures home the same rights as other workers, workday as eight hours, overtime, night, FGTS mandatory, family allowance, among others. The conclusion of the vote in the second round is planned for next Tuesday, before the Holy Week vacation.
For the new rules come into force, it will require the enactment by Congress of the proposal, which must occur in at most a week.
Was kept the same text approved by the Committee on Constitution and Justice (CCJ) in the Senate last week. To Senator Lidice da Mata (PSB-BA), the rapporteur of the commission proposal, the duration of the eight-hour workday, which comes into effect once the proposal is enacted, will require employers with employees firmem employment contracts , with a time of entry and exit. This means that if a maid came at 7am, leave the job to 15h. Anything beyond this will have to be paid as overtime, which costs 50% more than the normal time.
She explained that the Ministry of Labor (MTE) should manifest to clarify how employers adapt to the new legislation and to be accepted agreements between the parties, as well as different forms of frequency control, as use of notebook for notes, for example.
- Employers will have to develop their own mechanisms to protect themselves from future legal claims - said the senator, adding that, at first, there may be increased informality, but then there will be valuation category.
Some changes require regulatory
According Lidice, some rights like gathering for FGTS (rate of 8%), plus 40% penalty on unfair dismissal, family allowance and insurance against accidents at work will have to be regulations for MTE and the Ministry of Welfare, This can be done through ordinances, booklets or new laws.
In the case of the family wage, for example, the government must allow the employer to pay the family allowance and then discount the values in the collection to the INSS, as with the companies.
Other rights still depend on clarification, as the additional night (which corresponds to 20% of normal time, paid from 22h) and rules for safety in the home, such as using gloves for certain activities, for example. Government officials admit the need to give some time for employers to adapt to the demands.
The approval was praised by pro-government and opposition parliamentarians. There were 70 votes in favor. The Minister Eleonora Menicucci (Policy for Women) attended the plenary to celebrate. Mrs Benedicta da Silva (PT-RJ), a former maid, accompanied the vote in plenary and stood beside the minister, adding to the senator Lidice da Mata.
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This article was translated by an automatic translation system, and was therefore not reviewed by people.