Employing a Maid

You have finally arrived, got all your documentation sorted out and you have settled in at home. Then you find you spend most of the time washing up, putting things away, cleaning and you are not doing the things you thought you were going to do.

Hire a maid, just a few days a week, that should do it but after a few weeks you decide to keep her on. Your home is sparkling, you really are living the life of Riley but what do you do next?

Get it all legal, don’t do what a lot of people do and pay without a receipt or any of her rights. Ex-pat web sites are littered with stories of people being taken to court and the cleaners for not doing things legally.

So what is the legal way? Go through an accountant and let him do all the signing up and donkey work but its good to know what the basic rights are anyway.

• The work card (carteira de trabalho) must be signed from day one.
• You cant pay less than the minimum salary.
• You must pay the 13th salary at the end of the year.
• The relevant percentage of the vale transport to and from work. Some people pay it all rather than a percentage.
• Twenty days paid holiday for every 12 months worked to be paid two days before the holidays.
• An additional third of the value of holiday pay.
• Paid rest periods; you cant make deductions for rest periods.
• Maternity leave of 120 days paid for by the INSS.
• Paternity leave for the father of 5 days from the date of birth of the child.
• Sick leave, invalidity and pension retirement rights.
• Notice of termination of contract.
• Document showing start and finish of employment, name and details of maid, basic salary and all additions, working hours including time and finish and leave taken.
• Pay the FGTS Fundo Garantia do Tempo de Servico currently 8% of the total remuneration. This is no longer an optional payment.
• Meals. Nothing is mentioned in the regulations but most people let the maid eat the same food at the same time as the family.
• Do not employ anyone under the age of 18.

If you employ someone twice a week but on different days then they can be termed a “Diarista” and not subject to the above.

However, three times a week would be termed by most judges as a full time employee and due all the rights and entitlements.

Do not employ anyone who does not want to present a proper work card.

Maids gainfully employed are tax deductible. Check with your accountant.

This site has a calculator to help you see what you should be paying

http://www.domesticalegal.com.br/legalxilegal.asp

When in doubt use an accountant.

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