Clipping of news on Brazilian Culture, Law and Citizenship
07/17/2014
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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Not registering domestic yield fine ever in August (Abinoan Santiago/G1) Who has maid should regularize the contract work in the portfolio until August 7th or you can pay a fine of at least R $ 805.06, according to the Ministry of Labour .
The fine is determined in law published in April (12,964), which provided 120 days for employers to regularize the situation of domestic workers. Thus, from the 7th of August, the record should be in the portfolio of the date of admission and remuneration of domestic workers.
The lack of such information may render fine from R $ 805.06, according to what is provided for in the Labor Code, the Ministry says. The amount may be greater if the situation is considered more serious because of the length of service, age, number of employees or type of offense.
The law determines the penalty for failure to register is not part of the PEC called Home, constitutional amendment that equates the rights of domestic to that of other urban workers and rural workers, which was approved in April last year.
However, it also strengthens the category since press the employer to fulfill rights. "All we want is to end this informality of a job that has no annotation in the portfolio, without complying with the minimum guarantees," says Professor of Labour Law at the Faculty Mackenzie River, Isabelli Gravesend.
Apply the fine for missing entries in the portfolio of domestic workers will be different - and more difficult - than occurs with other workers because labor inspectors can not enter private homes, says Isabelli. "It's difficult (fine) if there is no labor action. What will happen is that the labor action she (the maid) will apply for the recognition of the link and will ask the judge to authorize the employer penalty for that," he says.
The Labor Ministry says not yet know how the inspection will be made.
Lack of regulation
The PEC of the Home was approved in April 2013 by Congress, but has not been regulated, ie, not all rights are worth. Are in effect only 9 of the 16 rights acquired by janitors, nannies, drivers, gardeners, elderly caregivers, among other housewives.
According to the Minister of Labour Employment (MTE), among the changes that are already worth the workday of eight hours and 44 hours; the payment of overtime, guaranteed never below the minimum wage (currently £ 678) and the recognition of collective agreements or agreements.
16 new guaranteed rights to domestic, 7 still need to be regulated: unemployment insurance, compensation for unfair dismissal, account FGTS, family allowance, night, day care assistance and insurance against accidents at work.
Source: G1
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This article was translated by an automatic translation system, and was therefore not reviewed by people.