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Experts interviewed through Agência Brasil estimated that even a decade after the enactment of the constitutional reform, which promises hard work rights for domestic workers, a career basically exercised by women, precarious situations continue to triumph in Brazil.
According to them, the reasons for the patience of precarious execution situations come with the economic crises of the time, the COVID-19 pandemic and adjustments in the circle of composition and family habits. In addition, the difficulty of controlling fraud and the stagnation of profits are also among the considerations of those workers.
Data from government statistics firm IBGE indicates a decline in the number of domestic staff over the past decade. However, in the same period, the number of day laborers increased. Currently, 3 out of 4 domestic workers in Brazil work without formal registration.
“What worries us is the growing number of domestic workers working informally, without labour rights. Our challenge is to inspire those employees to turn to professions that offer them more private and professional satisfaction, as well as monetary gains,” said Marcelo. Neri, economist and director of the FGV social studies center.
According to him, the number of domestic workers in Brazil is top and it is not uncommon to locate the same proportion in other countries. “That reflects Brazil’s strong inequality,” he said. Fighting this inequality is not without reactions. So this exchange of formal domestic staff for day laborers reflects a little bit of that reaction, it gives us this sense that we haven’t made significant progress, despite the clever intentions of the legislation. “Added.
For the general coordinator of the National Federation of Domestic Workers (Fenatrad), Luiza Batista, rights were won after long struggles, but the power and compliance with the law are still very insufficient.
“Before we had a legal tool to claim rights that were not honorable in the courts, we depended a lot on jurisprudence, on the judgment of who was going to judge the action. From the moment we started having a law that promises our rights, they have become a joy and at the same time a disappointment, because, unfortunately, many employers do not respect, do not officially sign the employee, and when a casual contract ends, we can only secure benefits through a lawsuit. It’s very stressful,” he said.
The proposed amendment to the Constitution for domestic employment aims to identify parity in labour rights between domestic staff and other staff. The amendment gives domestic staff a variety of rights, adding maternity pay, sickness benefits, staff injury assistance, death pension and retirement benefits. based on the corresponding disability, age and contribution. In addition, it sets the working day of domestic staff at 8 hours a day and 44 hours per week. New promises were introduced in 2015, such as the employer’s legal responsibility to pay the Workers’ Severance Guarantee Fund (FGTS) for domestic staff. Subsequent legislation guaranteed access to unemployment insurance, family circle allowances, evenings and bonuses, and the right to overtime.
It should be noted that according to Brazilian legislation on hard work, when a user works up to two days in the same household, no formal employment date is set, and therefore there is no legal responsibility to pay taxes or provide labor benefits. Domestic staff are predominantly women (92%), of whom 65% are black women.
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