Clipping of news on Brazilian Culture, Law and Citizenship
23/05/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Unions see no increase in layoffs in the government's proposal.
Entities agree with 40% fine on FGTS.
The proposed regulation of the constitutional amendment that expands the rights of domestic, presented on Tuesday (21) by the government, concerned the Federation of Association of Domestic São Paulo.
The seizure is because the text allows the formation of a bank of hours for workers, without specifying whether it has to be approved by the labor union, giving room for the agreement to be made only between boss and employee.
"The bank of hours must be entered into the collective bargaining agreement, there are several that can be made in relation to workload" says the paralegal Federation of the Union of Domestic São Paulo, Camila Ferrari.
The assessment is that an individual agreement directly between employer and employee, keep domestic workers as a category different from the others in that time banks must be approved collectively.
President Dilma Rousseff on Tuesday gave lawmakers the government's proposal to regulate the new rights of domestic workers, established by the PEC called Home, which took effect in April.
The proposal retains 40% fine on FGTS in cases of dismissal and in 12% of the employers contribution to the INSS. The Rapporteur of the Special Committee of Congress to discuss the matter, Senator Romero Juca (PMDB-RR), had proposed a reduction of the fine on FGTS for 5% to 10%. The text of Rousseff also provides three types of working hours and creating different bank hours proposed by the commission.
Entities do not expect layoffs increase if the proposal is approved.
The other items of the proposal submitted by the government are in agreement with the expectation of the unions, who see trend approval. The entities agree to maintain a 40% fine on FGTS in case of unfair dismissal and the employer contribution to Social Security by 12%, as stated in the government's proposal delivered to Congress for legislation.
"Decrease the percentage of 40% of the fine is unconstitutional. Nor do I agree to 8% decrease in the contribution of employers to Social Security, which is 12%. After all, is not that much," said the president of the Trade Union of Domestic Employees of Rio de Janeiro, Carli Maria dos Santos. To Camila Ferrari, the approval of a lower percentage would remove the sense of PEC, since that would keep domestic workers as a category different from the other.
Layoffs
According to the entity São Paulo, a small increase in the number of layoffs was recorded in the first week after the approval of PEC, but would have been contained by the work of union orientation. The bigger problem, indicate, was the confusion caused by the approval of PEC unregulated.
"The government should have regulated and approved after the PEC. For now, the union that guides you need to follow only the definition of workload, because the rest was not regulated, "says Camila.
Government proposal
After the enactment of the amendment of domestic regulation remains seven points: unemployment insurance, compensation for unfair dismissal, the FGTS account, dependency allowance, night, day care assistance and insurance against accidents at work.
The proposed regulations presented by the government retains the existing rules of the FGTS for other professional categories: the employer will be required to collect 8% of salary paid and will be maintained at a penalty fine of 40% of the balance of the FGTS account in cases of dismissal without cause.
Moreover, the government's proposal, the employer's contribution to Social Security will continue at 12% and the employee between 8% and 11%, depending on the salary range.
The proposal also provides unemployment insurance, accident assistance and the family wage as determined by the CLT.
The government's proposal has three alternative working hours, which will be defined in agreement between the employee and employee: 44 hours per week with up to 4 extra hours per day; regime relay 12 hours followed by 36 hours of rest, or the formation a bank of hours with compensation for hours worked in the period up to one year.
Employees would be entitled, by the proposal delivered by Dilma, the interval of one hour of rest, and may be reduced to 30 minutes by agreement. The minimum interval of rest between rounds would be 11 hours, and workers would be entitled to a day off per week, preferably on Sundays.
As determined by CLT, domestic workers, by the government's suggestion, would pay an additional 50% in overtime and 20% in night work (between 22h and 5h). There is possibility to work on holidays, provided there is compensatory time off or pay double.
Source: G1 - News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.