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Employment

New rule may make the cost of dismissing domestic double

03/28/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.



 


FGTS fine and overtime usual more expensive cost of employer

BRASILIA-RIO and with the approval of the Proposed Amendment to the Constitution (PEC) that equaled the labor rights of domestic workers to the private sector, the cost of dismissal can more than double. When enacted, the unfair dismissal the employer shall pay, in addition to pay today, compensation of 40% on the balance FGTS. This requirement is not yet in effect, still depends on complementary law.
Simulation made for GLOBE by attorney Claudia Brum Mothé, office Siqueira Castro, shows that in the case of a worker with a monthly salary of R$ 1,000, resigned after five years of work, for example, the resignation today costs R$ 1,680, considering R$ 1,000 of notice, R$ 500 for 13th salary proportional (assuming the dismissal occurs in the middle of the year) and R$ 180 more because of the social security contribution (12% of the part of the employer on the amount paid).

In this simulation, it is just that the employee take leave, so there is no proportional payment. Under the new rules, the employer will pay R$ 3,680, or more than double (120%) of the current value, it will have to pay about R$ 2,000 related to the 40% penalty on the balance of the Fund.

Another point that will increase costs to terminate the contract at the time are overtime, provided that they are customary. Upon termination, they are incorporated into the calculation for salary. According to Claudia, if an employee receives R$ 1,000 monthly salary and an additional R$ 500 with the usual times every month, the amount of compensation to be considered at the time of termination is R$ 1,500. Today, spending only consider the severance pay of R$ 1,000:
- As the overtime is incorporated into the salary, the value goes up.

The Gathering mandatory FGTS will depend on a regulation to take effect. According to the Minister of the Superior Labor Court (TST) Delaíde Miranda Arantes, you must submit to Congress a bill to simplify the current rules of the Fund, aimed at businesses. There is already a law (10.208/2001) which provides for the collection of FGTS for home, but as an option.

For the Fiscal auditor Labour, Tania Mara Bunny will also be necessary for the CEF, Fund management, improve the system, since today is the enormous difficulty of employers to register the employee and make the payment of the contribution, which is 8% on the gross salary, paid by the 7th of each month. According to the bank itself, a universe of two million domestic workers with signed only 104 000 have FGTS.

You will also need regulatory protection from unfair dismissal. For private sector workers, the Constitution provides for the penalty of 40% on the balance FGTS.

- The system is very complicated Box. To enter the "Social Connectivity," you have to have digital certificate, which can work for companies, but not for domestic employers - said Tania, who said he had trouble registering your maid.

Box says that facilitate system
Box said the employer may shorten path and enroll the employee in the system of Social Security (INSS Sign Specific - CEI), on the site of Welfare. But this process is also time consuming. Requires the completion of various data. Then you have to download the guide from the site collection box or buy it at stationery to make payment in cash or partner network.

The employer can also search the posts INSS. The domestic worker must be registered in PIS to receive FGTS and unemployment insurance. The PIS system identifies the FGTS.
Box said that awaits enactment to facilitate access to the system.

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Source: The Globe - Online

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