HOME > The ability to

Equality advances in the Senate.

More than just social justice, Brazil is fulfilling a commitment made in 2011 with the ILO: to eliminate from the Brazilian Constitution the unequal and unfair treatment given to domestic workers.

April 2nd was a historic day for the National Congress. On this date, the Equality Law was enacted, extending all labor rights to domestic workers. The new law is the concrete result of a public policy autonomously developed by the National Congress.

Given the scope and relevance of the new legislation, I stated that we were closing the last Brazilian slave quarters. Without exaggeration, the labor relations in this sector were one of the last vestiges of slavery.

This remains a commitment that the Federal Senate has made to the entire category, through the President of the Federation of Domestic Workers' Companies, Creuza Maria de Oliveira, a symbol of the fight for equality.

In regulating the law, the Senate was responsible for facilitating the maintenance of all rights and simplifying the employment relationship, while observing specificities common to this type of employment contract.

In just two months, the regulations were delivered by the rapporteur, Senator Romero Jucá, and the President of the Special Committee, Deputy Cândido Vacarezza. The negotiations involved labor unions, the labor courts, and the government. Ingenious solutions were proposed, which will now be voted on in summary proceedings.

The employer will contribute 8% to the INSS (Brazilian Social Security Institute) and the same percentage to the Guarantee Fund (FGTS). The 4% difference between the current 12% INSS contribution and the new 8% rate will be collected as follows: 3,2% for a dismissal fund and 0,8% for accident insurance.

The severance fund balance will go to the employee if the dismissal is without just cause. Dismissals for just cause or at the employee's request result in the fund being returned to the employer.

The regulation also provides for an agreement to create a time bank system and control working hours through a time clock. The hiring of individuals under 18 years of age for these positions will also be prohibited.

More than just social justice, Brazil is fulfilling a commitment made in 2011 with the International Labour Organization: to eliminate from the Brazilian Constitution the unequal and unfair treatment given to domestic workers.

There is a contingent of over 7 million domestic workers (90% are women). Only one and a half million of them have INSS (Brazilian Social Security) benefits and only 100 have FGTS (Brazilian Severance Indemnity Fund) accounts. With the new regulations, it is estimated that more than 2 million jobs will be formalized, generating an extra R$ 2,5 billion in revenue for INSS and another R$ 2,5 billion for FGTS. The new order is equality, and equality begins at home.