Clipping of news on Brazilian Culture, Law and Citizenship
19/04/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Working time that extrapolating 44 hours would be compensated in cash or right after the clearances
Congress will propose also decreased rest time
BRASILIA - The government wants the individual agreements between employers and employees prevail over domestic labor laws. For this, the intention is to approve as quickly as possible in Congress a law setting the bases of the agreement and the items that will enter the negotiation between the parties, for example, bank hours and reduced rest at lunchtime in exchange for compensation.
On the bank of hours, the rapporteur of the Joint Committee of Congress that analyzes the regulation of rights of domestic, Senator Romero Juca (PMDB-RR), reported that received support from the Labour Court to include in its report this possibility. The bank of hours may be used for other workers, but needs to be implemented collective agreement signed between the company and the union. If adopted, the hours of work that extrapolating the 44 hours must be compensated later with a right to payment or clearances.
The government estimates that the trade union organization in domestic service is complicated and would take time. So the idea is to implement the individual agreement, in order to give a clear answer to society, given the legal uncertainty that still surrounds the constitutional amendment that came into force earlier this month.
The idea of individual agreements is guiding the discussions of the ministerial committee coordinated by the Civil, who, under the Executive is working on regulation of benefits secured by the Constitution to the category. It is advocated as a way of securing rights and at the same time, cnesta Thursday feiraplar the characteristics of service workers in homes, even to frame journeys exceptional cases, such as elderly caregivers.
Plateau not want to burden other employers
President Dilma Rousseff wants the complete package with the new rights of domestic workers is completed by the 1st of May. According to technicians involved in the discussions, there is concern of the government not to encumber other employers and, therefore, new contributions will not be created, for example, insurance against accidents at work.
The mandatory collection of 8% for the FGTS will be maintained, but the employer contribution to the INSS should fall from 12% to 8%. The Executive did not want to commit to a 40% penalty on the balance of the FGTS, in the case of unfair dismissal. You should leave this issue for Congress to resolve.
On Thursday, Romero Juca said he is talking with areas of government involved in the regulation of the amendment that extends the rights of domestic workers and intends to vote on the report on the committee until May 1.
The idea is to pass the bill in a summary proceeding, as it works with the interim measures. He argues that the fine in the event of unfair dismissal is between 5% and 10%.
- The relationship is different in domestic relationships in companies where the rules are more strict, no witnesses, deadlines and goals clearly defined. In domestic employment, is not easy to identify what is cause. For some people, burn rice or tear a piece of clothing can cause. We have to define what is and diminish the relevance of that spending - said the senator.
Report should bring division categories
Juca will propose in his report, a division of categories between caregivers, nannies, caretakers, drivers and domestic. Each will have peculiarities in the fulfillment of their journey, due to differences in the type of service provided.
The enforcement of the overtime bank will be the responsibility of the Ministry of Labor, but the Senator aims to set clear standards for the text so that the rules are respected.
For caregivers, for example, Juca will propose a regime of 12 hours worked by 36 hours off, which, according to the rapporteur, ensures a journey of less than 44 hours.
- We provide exceptions for some situations. The type of work a caregiver or a nanny is quite different than a domestic makes. These differences have to be covered by the legislation not to give rise to interpretations - said the parliamentarian.
He said that the Labour Court also gave approval to Congress proposes to reduce the rest time - two hours - the household. The legislation provides that it is up to two hours daily, but Juca believes that employers and employees do not agree with the period, which would prevent the domestic worker to leave early. The senator will propose a minimum of half an hour, depending on the will of the employee.
Since the beginning of the month, are in effect the eight daily hours and weekly 44-hour and overtime pay on the excess workload. The other benefits await the regulations to come into force.
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Source: The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.