Domestic workers: insecure working conditions still persist in Brazil
Specialists interviewed by Agência Brasil have evaluated that even a decade after the enactment of the Constitutional Amendment, which guarantees labor rights for domestic workers—a profession predominantly occupied by women—insecure working conditions still prevail in Brazil.
According to them, the reasons behind the persisting insecure working conditions include the economic crises of the period, the COVID-19 pandemic, and changes in family composition and habits. Additionally, the difficulty in monitoring fraud and the stagnation of income are also among the concerns of these workers.
Data from the government´s statistic agency IBGE indicate a decrease in the number of domestic workers over the past decade. However, during the same period, the number of day laborers increased. Currently, three out of four domestic workers in Brazil work without formal registration.
"What worries us is the increasing number of domestic workers who are working informally, without labor rights. Our challenge is to encourage these workers to shift to professions that offer more personal and professional fulfillment, as well as financial gain," said Marcelo Neri, economist, and director of the FGV Social research center.
According to him, the number of domestic workers in Brazil is high and it is not common to find the same proportion in other countries. "It reflects the high Brazilian inequality," he said. "And what experience shows is that the attempt to combat this inequality, does not happen without reactions. So, this exchange of formal domestic employees for day workers reflects a little of this reaction, it gives us this feeling that we haven't made significant progress, despite the good intentions of the legislation," he added.
For the general coordinator of the National Federation of Domestic Workers (Fenatrad), Luiza Batista, the rights have been conquered after much struggle, but the effectiveness and respect for the legislation are still very insufficient.
"Before having a legal tool to claim rights that were not respected in court, we depended a lot on jurisprudence, on the judge who would judge the action. From the moment that we started having a law that guarantees our rights, it has become a joy and at the same time a disappointment, because, unfortunately, many employers don't respect, don't officially register the employee, and when an informal contract terminates, we can only guarantee some benefit through a lawsuit. This is very stressful," she said.
Legislation
The Proposed Amendment to the Constitution for domestic employment seeks to establish parity in labor rights between domestic and other workers. The amendment grants domestic workers a range of rights, including maternity salary, sick pay, work accident aid, death pension, and retirement benefits based on disability, age, and contribution time. Additionally, it sets the working day for domestic workers at eight hours a day and 44 hours a week. In 2015, further guarantees were introduced, such as the employer's obligation to pay the Workers' Severance Guarantee Fund (FGTS) for domestic workers. Subsequent laws ensured access to unemployment insurance, family allowance, nighttime and travel bonuses, and the right to overtime.
It is worth noting that according to Brazilian labor laws, when an individual works for up to two days in the same household, no formal employment relationship is established, and thus there is no obligation to pay taxes or provide employment benefits. Domestic workers are predominantly women (92%), with 65% of them being black women.
