12 rights of domestic workers and how to guarantee them
Posted: Thu Dec 26, 2024 4:32 am
Brazil has around 6 million domestic workers , of which only 1.5 million have formal employment contracts and around 4.3 million are informal workers.
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All professionals who work in cleaning, domestic cleaning of homes or companies, are considered domestic workers and must be recognized as such, with their rights respected.
Since 2015, the country has had labor legislation engineer database regulations governing the category, guaranteeing these professionals their rights.
In this article, we will talk about the X rights that domestic workers have and the legal means to obtain recognition. Check it out.
Who are domestic workers?
Complementary law number 150 regulates constitutional amendment number 72, giving domestic workers new rights and duties that allow for greater security and ensure their rights.
When the 1988 Federal Constitution was created, domestic workers basically had no rights guaranteed, which over time and with a lot of struggle by the category, were acquired, until in 2013 they began to apply in the country.
Currently, since 2015, workers who work domestically, that is, in homes and apartments, enjoy basic rights such as unemployment insurance, family allowance, FGTS and retirement.
But, after all, who are domestic workers? In Brazil, domestic workers are considered to be people who work in the following activities:
Cleaners;
Homemade;
Drivers;
Gardeners;
Cooks;
Elderly caregivers;
Babysitters;
Caregivers for people with disabilities;
Domestic workers;
Watchmen;
Washerwomen;
Housekeeper among others.
It is important to emphasize that domestic workers can only be considered for this purpose if they work up to 44 hours per week, with a minimum of 30 minutes of 8 hours per day and a maximum of 2 hours for lunch.
Therefore, people who work as day laborers, for example, do not fit into this norm, as these professionals generally work 2 to 3 times a week and with alternating schedules.
People who provide rural services on farms, for example, are rural employees and are also not categorized as domestic workers.
And what rights and duties should these workers be aware of? Below, you will find out about the main laws that govern these professionals.
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Unova offers a range of free online courses. Expand your knowledge and improve your skills. Take advantage of this opportunity!
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13 rights of domestic workers
In current legislation, there are many victories in granting rights to forms of professional activities.
In the legislation for domestic workers , simple rights such as retirement, for example, are made official, and in addition to this right, this worker is entitled to the following benefits:
Work and Social Security Card;
Transportation voucher;
Vacation;
Minimum wage;
Paid weekly rest;
Thirteenth salary;
Prior notice;
Job stability due to pregnancy;
Work accident insurance;
Paternity leave;
Maternity leave;
Free assistance for children and dependents;
Working hours, among others.
Among these other rights are the employment relationship protected against arbitrary or unfair dismissal, that is, the worker cannot be fired without a clear and acceptable reason.
In this case, for example, the right to respect and prohibition of practices that are discriminatory against a professional, whether because of their color, gender, social status or belief, comes into play.
The law also ensures that minors under 18 are not put at risk, including working night jobs or jobs that put their lives at risk.
These laws ensure that domestic workers have the same rights as any other non-domestic worker.
This gives you more peace of mind and security, including in times when you are unable to work, whether due to illness, for example, or even in the event of death, ensuring that your dependents are not left unprotected.
Among the duties that every domestic worker must perform is to perform their job professionally, in order to offer, during the period of their activity, a complete and quality service.
The worker must comply with his/her work schedule, both for arrival and departure, as well as meal breaks, and in cases of justified absences, he/she must always notify his/her superior.
It is the worker's duty to respect their superiors, follow their instructions and create a pleasant and healthy work environment.
And when domestic workers’ rights are not respected, what should they do? There are several ways to guarantee them, and we will discuss this below.
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How should a domestic worker demand their rights?
It may happen that in some domestic work, the employee does not feel safe or situations arise that make it impossible to continue the service.
Cases of harassment, abuse of power, failure to respect working hours and non-payment of wages, delays or even dismissals outside of what is governed by law, are subject to legal proceedings and the worker must seek his rights.
The first tip is to always talk and seek an amicable solution, without resorting to legal action.
When an amicable conciliation is not possible, the solution is to seek professional help from lawyers.
If you are unable to pay for this private professional , all municipalities have public defenders who, by law, must offer free legal services.
Depending on the process and the reasons involved, it may be necessary to activate other legal bodies.
The ideal is to always seek agreements that are advantageous for both sides and never give up your rights.
These rights were won after a lot of struggle and must be respected one by one.
Demand your rights from your employer and carry out your activities correctly and learn about your duties and rights for a safer job.
Course on Labor Rights for Domestic Employees
Did you already know about the rights of domestic workers? Did you know that they have all these rights guaranteed by law?
Well, many of us do not know our own rights and therefore, the market and employers can often act frivolously, withholding what you are entitled to.
Sign up for the Community Health Agent course
Enhance your knowledge and become a key professional for the health of your community. Sign up for the free Community Health Agent course and start your learning journey today.
Learn more
All professionals who work in cleaning, domestic cleaning of homes or companies, are considered domestic workers and must be recognized as such, with their rights respected.
Since 2015, the country has had labor legislation engineer database regulations governing the category, guaranteeing these professionals their rights.
In this article, we will talk about the X rights that domestic workers have and the legal means to obtain recognition. Check it out.
Who are domestic workers?
Complementary law number 150 regulates constitutional amendment number 72, giving domestic workers new rights and duties that allow for greater security and ensure their rights.
When the 1988 Federal Constitution was created, domestic workers basically had no rights guaranteed, which over time and with a lot of struggle by the category, were acquired, until in 2013 they began to apply in the country.
Currently, since 2015, workers who work domestically, that is, in homes and apartments, enjoy basic rights such as unemployment insurance, family allowance, FGTS and retirement.
But, after all, who are domestic workers? In Brazil, domestic workers are considered to be people who work in the following activities:
Cleaners;
Homemade;
Drivers;
Gardeners;
Cooks;
Elderly caregivers;
Babysitters;
Caregivers for people with disabilities;
Domestic workers;
Watchmen;
Washerwomen;
Housekeeper among others.
It is important to emphasize that domestic workers can only be considered for this purpose if they work up to 44 hours per week, with a minimum of 30 minutes of 8 hours per day and a maximum of 2 hours for lunch.
Therefore, people who work as day laborers, for example, do not fit into this norm, as these professionals generally work 2 to 3 times a week and with alternating schedules.
People who provide rural services on farms, for example, are rural employees and are also not categorized as domestic workers.
And what rights and duties should these workers be aware of? Below, you will find out about the main laws that govern these professionals.
Unova Free Courses: Expand your knowledge
Unova offers a range of free online courses. Expand your knowledge and improve your skills. Take advantage of this opportunity!
Learn more
13 rights of domestic workers
In current legislation, there are many victories in granting rights to forms of professional activities.
In the legislation for domestic workers , simple rights such as retirement, for example, are made official, and in addition to this right, this worker is entitled to the following benefits:
Work and Social Security Card;
Transportation voucher;
Vacation;
Minimum wage;
Paid weekly rest;
Thirteenth salary;
Prior notice;
Job stability due to pregnancy;
Work accident insurance;
Paternity leave;
Maternity leave;
Free assistance for children and dependents;
Working hours, among others.
Among these other rights are the employment relationship protected against arbitrary or unfair dismissal, that is, the worker cannot be fired without a clear and acceptable reason.
In this case, for example, the right to respect and prohibition of practices that are discriminatory against a professional, whether because of their color, gender, social status or belief, comes into play.
The law also ensures that minors under 18 are not put at risk, including working night jobs or jobs that put their lives at risk.
These laws ensure that domestic workers have the same rights as any other non-domestic worker.
This gives you more peace of mind and security, including in times when you are unable to work, whether due to illness, for example, or even in the event of death, ensuring that your dependents are not left unprotected.
Among the duties that every domestic worker must perform is to perform their job professionally, in order to offer, during the period of their activity, a complete and quality service.
The worker must comply with his/her work schedule, both for arrival and departure, as well as meal breaks, and in cases of justified absences, he/she must always notify his/her superior.
It is the worker's duty to respect their superiors, follow their instructions and create a pleasant and healthy work environment.
And when domestic workers’ rights are not respected, what should they do? There are several ways to guarantee them, and we will discuss this below.
Free Administrative Assistant Course
Prepare yourself for the job market with our free Administrative Assistant course. Available online for anyone who wants to start or advance in their administrative career. Take advantage of this opportunity!
Learn more
How should a domestic worker demand their rights?
It may happen that in some domestic work, the employee does not feel safe or situations arise that make it impossible to continue the service.
Cases of harassment, abuse of power, failure to respect working hours and non-payment of wages, delays or even dismissals outside of what is governed by law, are subject to legal proceedings and the worker must seek his rights.
The first tip is to always talk and seek an amicable solution, without resorting to legal action.
When an amicable conciliation is not possible, the solution is to seek professional help from lawyers.
If you are unable to pay for this private professional , all municipalities have public defenders who, by law, must offer free legal services.
Depending on the process and the reasons involved, it may be necessary to activate other legal bodies.
The ideal is to always seek agreements that are advantageous for both sides and never give up your rights.
These rights were won after a lot of struggle and must be respected one by one.
Demand your rights from your employer and carry out your activities correctly and learn about your duties and rights for a safer job.
Course on Labor Rights for Domestic Employees
Did you already know about the rights of domestic workers? Did you know that they have all these rights guaranteed by law?
Well, many of us do not know our own rights and therefore, the market and employers can often act frivolously, withholding what you are entitled to.