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Complementary Law No. 150 guarantees domestic workers rights such as a 25% increase during trips with the employer, a minimum overtime of 50%, a night shift bonus of 20%, and mandatory registration in the work card. Non-compliance may result in labor lawsuits with compensation to the worker.
Many Brazilian employers are still unaware of the rights that the legislation guarantees to domestic workers, and this ignorance can be costly. Complementary Law No. 150, in effect since 2015, regulated a series of labor guarantees for the category, including a 25% increase in salary when the worker accompanies the employer on trips, overtime with a minimum additional of 50%, and payment of a night shift bonus of 20%.
Non-compliance with these rights can lead to labor lawsuits with penalties for unpaid salary differences, fines, and compensations. The law also prohibits the hiring of minors under 18 for domestic work and forbids deductions from salaries for housing, food, clothing, or travel expenses. Next, see in detail what rights the legislation guarantees to domestic workers and what employers need to know to avoid problems.
The 25% increase that domestic workers are entitled to during trips
One of the lesser-known rights among employers is the additional 25% that must be paid to domestic workers when they accompany the employer on trips. Complementary Law No. 150 states that, in this situation, the working hour must be at least 25% higher than the normal rate. The trip can only occur with prior agreement between the parties.
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The hours worked during the trip need to be paid with the additional or compensated later, as agreed between the employer and the worker.
Many employers are unaware of this rule and end up taking domestic workers on vacation or weekend trips without paying the legal increase, which constitutes a violation of the legislation and can be legally pursued.
Overtime, working hours, and the time bank for domestic workers
The working hours for domestic workers are limited to 8 hours per day and 44 hours per week, as provided by law. Any hour that exceeds this limit must be paid as overtime, with a minimum increase of 50% over the normal hourly rate. Sundays and holidays worked and not compensated must be paid double.
The legislation also allows for the overtime of domestic workers to be compensated through a time bank, provided there is an agreement between the parties. Timekeeping is mandatory, and the employer must maintain control of the working hours to avoid future disputes.
The break for rest and meals must be between 1 to 2 hours, which can be reduced to 30 minutes by written agreement. Between two shifts, a minimum rest of 11 hours is mandatory.
The night shift bonus of 20% and work between 10 PM and 5 AM
The night work of domestic workers, considered between 10 PM and 5 AM, must be compensated with a minimum additional of 20% over the normal hourly rate. Additionally, the night hour is reduced: it equals 52 minutes and 30 seconds, meaning that every 7 hours worked at night counts as 8 hours for calculation purposes.
This right of domestic workers is often ignored by employers who ask the worker to stay beyond normal hours to care for children or the elderly at night.
Without payment of the night shift bonus and the corresponding overtime, the employer accumulates labor liabilities that can be legally pursued for up to five years.
Vacation, thirteenth salary, and registration in the work card for domestic workers
Domestic workers are entitled to 30 days of vacation per year with an additional one-third of their salary, and they can divide the period into up to two blocks. It is also allowed to convert part of the vacation into cash. The thirteenth salary follows the general rules of labor legislation, with payment in two installments throughout the year.
The registration in the work card is mandatory and must be done within 48 hours after hiring, with information such as salary and admission date.
Working without registration is one of the most common irregularities involving domestic workers and exposes the employer to fines and penalties in labor lawsuits. The remuneration must comply with the national minimum wage or state minimums for the category, when applicable.
FGTS, Social Security, and unemployment insurance for domestic workers
Complementary Law No. 150 guaranteed domestic workers the right to FGTS, Social Security, and unemployment insurance. The employer is required to deposit the FGTS monthly, and the worker can withdraw the amount in case of dismissal without just cause, according to the fund’s rules.
The unemployment insurance for domestic workers is paid at the value of one minimum wage for up to three months, which can be received continuously or alternately.
The domestic worker is also entitled to family allowance, a monthly benefit paid according to the number of children or dependents, and transportation vouchers for commuting between home and work, which can be paid in cash when intended for this purpose.
Pregnant worker stability and maternity leave for domestic workers
Pregnant domestic workers cannot be dismissed without just cause from the confirmation of pregnancy until five months after childbirth. This stability is guaranteed by law, and any dismissal during this period may result in reinstatement to the job or payment of compensation equivalent to the salaries for the stability period.
The maternity leave for domestic workers is 120 days, without loss of employment and salary. Non-compliance with this guarantee is one of the most frequent causes of labor lawsuits involving the category, and courts often condemn employers to pay the full salaries corresponding to the stability period, in addition to any moral damages.
Prohibited deductions from the salaries of domestic workers
The law prohibits employers from deducting from the salaries of domestic workers amounts related to housing, food, clothing, hygiene, or travel expenses. These items are considered tools of work or conditions for providing the service, and their cost must be fully borne by the employer.
Deducting these amounts from the salary constitutes a labor infraction and can be reversed in court, with a ruling for the payment of accumulated differences. For domestic workers, knowing this right is essential to identify irregularities and seek redress. For employers, respecting the prohibition avoids labor liabilities that can accumulate over years of contract.
Brazilian legislation guarantees domestic workers a series of rights that many employers are unaware of, from the 25% increase during trips and the 20% night shift bonus to FGTS, unemployment insurance, and pregnant worker stability.
Non-compliance with these rules can lead to labor lawsuits with penalties that include salary differences, fines, and compensations for moral damages.
With information from the portal ndmais.
Did you know all these rights of domestic workers? Are you an employer or a worker in the category and have questions about any point? Leave your opinion in the comments and share it with those who need to know the legislation.
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