Not everyone knows, but the maid profession in Brazil is regulated by the Federal Constitution. If you have an employee in this category, you must first register her from day one.
This is a profession like any other, and it has rights and duties laid down by law, which must be strictly fulfilled. Payment of benefits such as transportation vouchers is mandatory, as well as 13th salary, maternity leave (and paternity, if applicable), paid 30-day vacation, paid weekly rest, 30-day notice, pregnancy stability and retirement.
Under the law, domestic workers are considered to be all professionals (specialized or not) who render services to an individual or family in the residential environment, provided that they are continuously (two or more days per week). The category includes, without distinction, maids, butlers, caretakers, nannies, drivers, gardeners, security guards and butlers, among others.
How should I collect taxes and fees?
As regards the taxes to be paid by the employer, this requirement also applies to the profession of the domestic worker. These are the details that will guarantee the employee social security benefits, for example, through taxes such as INSS, Income Tax and FGTS.
If you have had a housekeeper working for some time and you have not yet regularized your employment situation, you should do so as soon as possible, including retroactively to the beginning of the employment relationship. Domestic workers who are not registered or do not have their rights respected under the law can sue employers before the Labor Court.
The INSS must be equivalent to 20% of the employee's salary; Of the total, 12% is paid by the employer and the other 8% must be deducted from the employee, directly at the time of payment. A travel voucher is not required if the employee lives at the same address where she works.
The amount of Income Tax that can be deducted from the employee is equivalent to 12% of the total income paid to the employee throughout the year. This includes salaries, 13th and paid vacations, provided that the maximum allowance does not exceed R $ 810.60.
Finally, the FGTS is optional. If you wish to give this benefit to your employee, you must open an account with Caixa Econômica Federal exclusively for this. After that, deposit the amount of 8% of the salary every month. The employees enrolled in FGTS? and just these? are entitled to unemployment benefit.
Lastly, overtime pay is not required by law for domestic workers.
Pay attention to legislation and avoid future problems in the boss-employee relationship.
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