For information only, based on Brazil's Supplementary Law No. 150/2015, which regulates domestic work. Rates, minimum wages and deadlines may change: if in doubt, check eSocial Doméstico or consult a Brazilian accountant.
Who is a household employee
Anyone who works for a family on a continuous, paid and personal basis, within the household, more than two days a week. In this case, the employee must be formally registered in their work booklet (carteira de trabalho).
The contract may start with a trial period of up to 90 days. Do not ask the employee to work for third parties or in any commercial activity.
Working hours and overtime
- Working hours are up to 8 hours a day and 44 hours a week, with a record of working time.
- Overtime is paid at least 50% above the regular hourly rate, or compensated under a written agreement.
- The meal and rest break is at least 1 hour and at most 2 hours a day (it can be reduced to 30 minutes by written agreement).
- Work between 10 pm and 5 am earns a 20% night-work premium.
Weekly rest and public holidays
Every household employee is entitled to a paid weekly rest of 24 consecutive hours, preferably on Sundays, as well as rest on civil and religious public holidays.
If the employee works on those days, the employer must pay double or give another paid day off.
Wage deductions
Permitted deductions
- Transportation voucher (vale-transporte): up to 6% of the base salary, when provided;
- Unjustified absences from work;
- Social security contribution (INSS), according to the current table.
Prohibited deductions
Deducting food, clothing, hygiene products and housing is prohibited — including for live-in employees. Housing can only be deducted when it is located somewhere other than the home where the work is performed and both parties have expressly agreed to it.
FGTS, INSS and eSocial
Since 2015, FGTS (the severance fund) is mandatory for household employees. All obligations are declared on eSocial Doméstico and paid through a single payment slip, the DAE, by the 7th of the following month.
The payment slip includes:
- FGTS: 8% of the employee's pay;
- Compensation reserve: 3.2%, which works as a fund for the severance penalty in case of dismissal without cause;
- Employer's INSS: 8%, plus 0.8% occupational accident insurance;
- Employee's INSS, deducted from wages according to the current table;
- Income tax withheld at source, when applicable.
Vacation and 13th salary
- After every 12 months of work, the employee is entitled to 30 days of paid vacation, plus a one-third bonus. Vacation can be split into up to two periods, one of them at least 14 days long.
- The 13th salary is paid in two installments: the first by November 30 and the second by December 20.
Maternity leave
Household employees are entitled to 120 days of maternity leave. Maternity pay is paid directly by Brazil's Social Security (INSS).
Pregnant employees have job security from the confirmation of pregnancy until five months after childbirth.
Termination
In case of dismissal without cause, the employee is entitled to:
- Outstanding salary (days worked and not yet paid);
- Accrued and proportional vacation, plus one third;
- Proportional 13th salary (1/12 per month worked);
- 30 days' notice, plus 3 days per year of service, up to a maximum of 90 days;
- Withdrawal of the FGTS balance and the 3.2% compensation reserve;
- Unemployment insurance, when the requirements are met.
We recommend formalizing everything in a written termination agreement. It prevents problems later on.
Social security benefits
With contributions up to date, household employees have access to benefits including:
- Maternity pay;
- Temporary disability benefit (formerly sickness benefit) and accident benefit;
- Retirement by age and permanent disability retirement;
- Family allowance, when the requirements are met;
- Survivor's pension and prison benefit for dependents;
- Social services and professional rehabilitation.
A good working relationship is everyone's responsibility. See our ten rules for keeping the peace with your household employee.