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.
FGTS that will be mandatory overtime and will weigh more in your pocket. See simulation
Among the professionals who will benefit are the maids, nannies, caretakers and drivers
The new Law of Domestic Employees, approved yesterday in 1st round by the Senate, will represent an extra expense of over R$ 7,000 per year to the boss, say experts. In the table below, compare simulation involving all costs, before and after the measurement.
Besides the household employed, the rule also will apply to other professional category, as nannies, drivers, gardeners, caretakers, among others. The boss will have to put his hand in his pocket immediately because the rule also will revert to employees already hired and not just for new contracts.
According Silvinei Toffanin Lamb, director of the company Direct Accounting, Management and Consulting, a boss who spends R$ 1,471.78 per month, considering two extra hours a day, will have an expense of R$ 2,071.49.
That's because, with the new text, it becomes mandatory, for example, payment FGTS (Guarantee Fund for Time of Service) by the employer. Today the collection of this value is optional.
Furthermore, domestic workers also entitled to maximum shift of 44 hours per week (or eight hours), with overtime pay for those who work more than that and still additional night.
The lawyer Viviane de Souza Costa, Personality Business Consulting Group, says that any overtime should weigh more in the pocket of the boss.
- It is unclear how it will be done in the PEC control of the workday. And, inevitably, domestic employees work more than eight hours per day.
The lawyer Aparecida Tokumi Hashimoto, office Granadeiro Guimarães Advogados, remember that several benefits will need to pass regulations before entering into force.
Regulation
According to Senator Lidice da Mata (PSB-BA), seven items need regulatory approval after the Senate: compensation for unfair dismissal, payment of FGTS, night, day care assistance obligation and preschool insurance unemployment, family allowances and insurance against accidents at work.
The last three items, according to the lawyer Alexandre de Almeida Gonçalves, who specializes in business law and competition, should create for government spending. The daycare assistance, in turn, should only be paid by employers with more than 30 employees, which is very rare.
- Much has been said that spending would be huge for the employer and that could end up in a mass layoff, but I believe that the financial impact is small for someone who decided to have this service and have already paid their R$ 1,000 monthly.
The expert and contributor to Anefac (National Association of Executives in Finance), Antônio Vicente da Graca, believes that in some states, however, there may be layoffs because the increase will be greater and will impact more in the pocket of bosses.
This is the case of Sao Paulo, for example, where the minimum wage is higher and the amount paid per month for employees is higher than the minimum wage.
- The initial impact is only FGTS, but such calculations vary from state to state. For a salary of R$ 1,100, R$ 1,200, as is the case of Sao Paulo, and a growing demand, the impact may reach 10%, 11%, which can tighten the budget and some families end up in layoffs.
Source: R7
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This article was translated by an automatic translation system, and was therefore not reviewed by people.