Clipping of news on Brazilian Culture, Law and Citizenship
29/04/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Carolina Sarres
Brazil Agency reporter
Brasília - In his first National Day Employee Domestic celebrated today (27), after the adoption of Constitutional Amendment 72, which extended the rights of other workers domestic servants Aldenir Maria da Silva, 40, is happy to feel more secure. Aldenir Mary is the mother of two children and her husband is a mason, not always guaranteed to work and quite seasonal. Now, she says that the prospect of having duties, and guarantees equal rights to all workers brings dignity.
With the approval of the amendment in Congress, in early April, most of the new rights of domestic workers provided already in force - as guaranteeing working day of 44 hours, with a limit of eight hours, and the pause between one and two hours for lunch.
"Until then, it was confusing. We [we, domestic workers] was afraid not to obey and be fired. In the end, no longer knew what it was our duty and what was holding, type waking up at night to do some service or stay up late attending to visitors, "explained Mary.
Other points provided on the mend, as gathering the Guarantee Fund for Length of Service (FGTS), the fine for unfair dismissal, payment of accident insurance, the night shift and overtime, still subject to regulation. There parliamentary committees in Congress, the specialists of the Ministry of Labour and Employment (MTE) and the Civil House discussing the topic.
From all points, there is some consensus on the creation of a Supersimples to domestic servants, who will arrange the payment of taxes by the employer through a single billet. Another issue is the relatively consensual need to form a bank of hours for the employee.
The penalty on the amount collected by the FGTS in the event of unjustified dismissal, on the other hand, has led to discussions - the main reason is the increased burden on the employer and the fear of unemployment compensation generate or informality. Currently, of the approximately 7 million domestic workers, only 1 million have formal.
In Congress, there is a strong defense of the percentage reduction of the fine of 40% today to 10% or 5%. The executive, there is a tendency to temporize and try not establish that differentiation between categories of workers. Last week, the Minister of Labour, Manoel Dias, defended the maintenance of the 40% penalty, but conceded that the rule be changed in the case of domestic workers.
The proposal of the Joint Committee of the House and Senate formed to discuss the pending issues of the amendment was to be presented on Thursday (25), which has been delayed so that there was more time for debates. Some experts argue that reducing the fine for dismissal may generate debate about the constitutionality of the measure. It is expected that next week there is some kind of definition of these points still raise questions.
For Maria Aldenir, the obligation to pay the FGTS was the most important point of the new law of domestic workers. Until the adoption of the amendment, the payment to the fund by the employer was optional. Due to increases in charges to the employer, the payment is made by the minority. Furthermore, the possibility of a fine in the event of dismissal without cause did not exist.
The FGTS was created to protect the worker from any layoffs, although only in cases of unfair dismissal. The fund may also be used for home buying or developing situations, as in the case of illness or emergencies without the need for dismissal. In 2006, a proposal was made that the fine was also levied also to domestic employers, but the point was vetoed the bill, arguing encourage informality due to rising costs.
"I have a responsibility to cover me in my service. The commitment not create grounds for being fired is mine. If my employer decides to fire me for free will, responsibility passes to it. Then I'll be entitled to compensation for that, "explained the domestic to the Agency Brazil.
The guarantees have entered into force since the beginning of the month has generated discussions between employees and employers, how to decide on the track of the hours worked, the overtime pay, night shift and the differentiation between maids and day laborers - that depends on bond employment.
In this initial period, the adaptation of both parties, labor lawyers and experts in the field have recommended moderation, flexibility and, above all, understanding. A tip to try to formalize relations within the home is draft a simple contract, signed by the parties, specifying the type of service that the employee is, the times that works, the possible peculiarities of the work that has, among others.
Edition: José Romildo
Source: Agency Brazil
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This article was translated by an automatic translation system, and was therefore not reviewed by people.