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Employment

Questions and standard contract for domestic workers

05/04/2013

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



 




The new rights of domestic workers are changing the daily lives of Brazilian families. The rules created many obligations for employers and thus raised several questions on the topic.

The Dinheirama already addressed the issue recently and answered some key questions, but knowledge on all points of the new rights is important.

Both the employer and the maid must be updated with the new imposed by the new law. Therefore, we selected a few more questions about the workday Maid contract and domestic experience.

How to control the workload of my maid?

Most experts recommend the use of book point where the employee logs the times of entry, exit and intervals.

How long is the interval?

The law provides for two hours apart, one lunch and a rest, and the journey. However, it is important to remember that during this period the employer can not use any type of domestic service. Thus, the employee can work eight hours, having two of rest and still make up two extra hours a day.

The gaps can be given during the week, on weekdays instead of the weekend?

It is recommended that at least one per month is off on Sundays.

It is allowed to deduct food, light, water used?

If the employer fails to deduct up to now spend the cash will be a detrimental change to the employee. If new employee, hired after the law already, you should expect the regulations of the Ministry of Labour.

It is permissible to contract domestic experience?

Yes, and after the new legislation should be made a contract experience. This contract must be in writing, shall have a maximum duration of 90 days and does not dispense unregistered. The difference is that in the event of resignation, no need to pay prior notice nor the 40% penalty on the balance FGTS.

How is this contract?

Luciano Viveiros, labor lawyer and law professor Process Labour FGV and Facha, prepared a model contract to be used with maids.

Model contract for maids
SECTION I: Fulana, Brazilian, married, housekeeper, residing at Rua X, no such RG No. X, CPF Y, on designated EMPLOYED undertakes to provide services and activities of a domestic nature within residential and family to CICLANA, Brazilian, single, profession such, domiciled in such address, RG No. X, CPF Y, through the payment of R$ 802.53 (eight hundred and two dollars and fifty three cents) monthly pay until the fifth (5th) day of the month.

CLAUSE II: The service will be in effect Monday through Friday, in time of 8h to 17h with an hour break for lunch. To be respected weekly journey of 44h, the EMPLOYER may require that such compensation is effected with setting another hour workday plus the subject of overtime that may be necessary.

OR SECTION II: The service will be in effect Monday through Friday, between the hours of 7 am to 17h with an interval of two hours for lunch. Order to comply with the journey of 44h weekly EMPLOYER may require that such compensation is effected with setting another hour workday plus the subject of overtime that may be necessary

Sole Paragraph: The control of the journey will be accomplished through book itself common access point to the parties subscribed EMPLOYED by the EMPLOYER to science, as well as on record in the NOTES GENERAL HOUSEKEEPER the CTPS.

SECTION III: This contract will have a duration of 45 days and can be renewed for another 45 days, complied with within 90 days and within the trial period. If the interest of the parties may be renewed automatically and will take effect the indefinite term.

SECTION IV: And being in full agreement with the terms above, the parties have signed this Agreement in two routes, one route that will be held by the EMPLOYER and the other with the MAID.




Source: Yahoo

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

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