Guidance on Domestic Staff Employment

GUIDANCE ON EMPLOYMENT OF DOMESTIC STAFF (Full- and Part-time)

All of the attachments referred to below can be found in this pdf:

Guidance on Employment of Domestic Staff 2013- 001

GUIDANCE ON EMPLOYMENT OF DOMESTIC STAFF

INTRODUCTION

Many USG employees decide to hire domestic employees while in Brazil.  Since Brazilian labor laws are complex and strongly favor employee rights, the following guidelines have been developed to help you handle domestic employment correctly.  Examples of documents in Portuguese also are provided as attachments.

 

It is impossible to cover every possibility, and you are welcome to consult with the Human Resources Section on questions about domestic employment.  The Embassy and Consulates, on the advice of the Mission’s lawyers, may not intercede in any way between Mission personnel and their domestic employees.  Nor may Embassy or Consulate staff do any calculations of benefits or other payments.  However, if you follow the guidance below and consult when appropriate, you should be able to engage, supervise and separate employees in accord with Brazilian laws.

 

 

 

A WORD ABOUT LAWSUITS

 

Most USG employees have very little trouble with domestic employees.  However, over the years, some have had labor lawsuits filed against them by their domestic staff.  In Brazil, it is relatively easy for an employee to file suit against an employer because lawyers take labor cases on a contingency basis and the cost to the employee is minimal.  The Embassy or Consulate will not assume any responsibility or liability for matters involving your household staff.  If a labor lawsuit is filed against you, you will be responsible for engaging any legal services required.  The Department of State will not support a position of diplomatic immunity.

 

If a suit is brought against you, you should inform the Human Resources Section or your administrative officer, as you will need a waiver of immunity in order to appear in

 

court to respond to the suit.  Failure to respond in court will result in a default judgment against you.

 

 

GETTING STARTED – YOUR CPF NUMBER

 

Many benefits are provided to domestic employees through the Brazilian social security system (INSS).  INSS posts can process benefit claims only with the CPF number of the employer.  A CPF (Cadastro de Pessoas Físicas) number is similar to a U.S. Social Security number, in that it is a tax identifier as well as a social benefits number.

 

Your CPF number will be obtained for you upon arrival.  It also is required to clear your incoming shipments.

 

 

SUMMARY OF DOMESTIC EMPLOYEE BENEFITS

 

Entitlements:  Full-time domestic employees are entitled to the following:

 

a)  At least one minimum monthly wage

b)  30 calendar days of vacation on completion of one year of service (plus a one-third bonus of the monthly salary for the annual leave month)

c)  13th-month salary

d)  Maternity leave

e)  Paternity leave

f)  One day off a week (preferably Sunday)

g)  Sick leave and retirement under INSS

h)  30 days notice of termination

i)  Non-reduction of salary and benefits during the term of employment

j)  Brazilian holidays

 

Options:  The following may be provided on an optional basis:

 

a)  FGTS (Labor Guaranty Fund)

 

Non-Entitlements:  The following provisions of Brazilian labor law and the Constitution do not apply to domestic employees:

 

a)  U.S. holidays

b)  Overtime pay (*)

c)  Cap of 8 hours of work a day and 44-hour workweek ceiling

d)  Family allowance

 

(*)If the domestic employee is not given the day off, the employer must pay the equivalent of double time or grant another day off if necessary.

 

It is important that employers discuss entitlements and exclusions with domestic staff upon employing them to avoid future misunderstanding.

 

 

REFERENCES AND SECURITY

 

When hiring a domestic employee, insist on references.  Pick up a security clearance form in the CLO and fill it out completely, using information contained in the applicant’s labor book (Carteira de Trabalho e Previdência Social) and identification card (Carteira de Identidade).  Give the completed form to your post’s Security Office.  The Security Officer will run a police check on the applicant, and you will be advised of the results.

 

 

KEEP COMPLETE RECORDS

 

The importance of complete employment record-keeping cannot be overemphasized.  You should maintain records of all the papers, documents and receipts associated with your domestic employees.  You should retain them for at least one full tour of duty after your departure from Brazil.

 

 

IN THE BEGINNING

 

Try to stay close to home in the first few weeks to explain as thoroughly as possible what you wish to be done and how you want it to be done.  An employee may claim to know how to do a task, but communication is essential if you would like it to be done in a particular way.  Patient, thorough guidance often is necessary, but it usually is welcome and well rewarded.

 

 

 

 

EMPLOYMENT PROCEDURES – FULL-TIME EMPLOYEES

 

The following legal requirements must be observed when employing full-time domestic employees.  An employee is considered full-time if he or she works the majority of a week for a particular employer.  In other words, if an employee works for you three or more days a week, an employment relationship is considered as established.  Procedures for part-time (autonomous) domestic workers are covered later.

 

 

  1. A.  JOB OFFER AND SALARY

 

Be prepared to bargain.  However, please remember that you may not pay less than the minimum monthly wage.  The minimum monthly wage is adjusted annually on January 1.  Please check with the Human Resources Section to be sure what the current minimum wage is.

 

Under Brazilian law, a job offer is made for the monthly salary, and it must be made in Brazilian currency.  Job offers never should be made in U.S. dollars or any other foreign currency.  Likewise, you should avoid tying salary to a number of minimum wages or to a U.S. dollar equivalent, as these practices can lead to serious hardships.  Benefits, such as INSS deposits, vale transporte, etc., are additions to the monthly salary and are based on the monthly salary paid.  Brazilian law deems it illegal to offer a lump sum of cash to include monetized benefits.  Doing so exposes you to the liability of paying benefits on the entire lump sum amount.

 

Brazilian law allows a 90-day trial or probation period to an employer, after which the employment relationship is considered permanent.

 

If the employer dismisses the domestic employee before the end of the 90-day probation period, the following is due:

 

1)  Salary until the day of dismissal, plus one-half of the balance of the salary through the contract termination date

2)  Prorated 13th-month salary

3)  Prorated annual leave, plus one-third bonus premium

 

For all legal purposes, employment is considered to have begun on the first work day when first hired.

 

 

 

  1. B.  LABOR BOOK

 

Brazilian labor law requires that the employer fill in the appropriate sections of the employee’s labor book (Carteira de Trabalho e Previdência Social).  A carteira is the official legal record of a worker’s employment.  It is used to claim benefits under the Brazilian Social Security System (INSS) and to show compliance with provisions of the labor law.  Some domestic employees express a wish not to have their labor books signed by their employers.  If this should occur, do not hire them.

 

Some employers prefer to have a separate written contract with their domestic employees, and forms for such contracts are available at office supply shops.  However, no separate work contract is necessary.

 

But the carteira must be completed.

 

Attachment 1 is a sample labor contract page from a carteira and how to complete it.  This must be completed and signed by the employer when an employee enters on duty.  The starting salary must be noted in the appropriate space.  When employment ends, a closing entry must be completed and signed.  NOTE:  Numerically noted dates in Brazil are written as day/month/year.  For example, September 22, 2011, would be written as 22/09/2011.  

 

Attachment 2 is a sample adjustment-of-salary page and how to complete it.  A new entry must be made every time that an employee’s salary is changed.

 

Attachment 3 is a sample leave notation page and how to complete it.  The employer must enter the dates of annual leave taken and sign the entry.  Annual leave is required under Brazilian labor law and is explained in detail below.

 

Attachment 4 is cancelled.

 

 

 

 

C. SALARY PAYMENTS

 

Salary typically is paid monthly and is due on the last working day of each month.  Be sure to obtain a receipt for each salary payment.  Failure to get and keep receipts could result in a claim by an employee that he or she never was paid, and a labor court almost certainly would hold you liable for any period not covered by receipts.  Attachment 5 is a sample receipt for salary.

 

 

D. CHANGES TO WORK TERMS OR CONDITIONS

 

Changes in the terms of employment are legal only when mutually agreed, provided that they do not result, either directly or indirectly, in damage or loss to the employee.  Any change that infringes on this will be considered null and void in a labor court.

 

The most common infringements occur when:

 

1)  You establish salary conditions at the beginning of employment and later change them without the employee’s consent.

 

2)  You grant and pay a bonus (gratificação) to your employee on a regular basis in addition to the salary offered and later discontinue the payment for any reason.  This is regarded as a reduction of the employee’s salary.  Such an action may subject you to litigation.

 

3)  You are not obligated to grant U.S. holidays to your employee.  The law regards such granting of holidays as a right acquired in practice, and it is illegal to withdraw such a benefit. 

 

4)  You establish two days off a week, although the employee is entitled by law to only one day off, then extend the employee’s work week to six days.  Again, this is considered a reduction of the employee’s benefits.

 

 

E. ANNUAL LEAVE

 

Every employee is entitled to 30 calendar days of paid vacation annually with additional payment of at least one-third of monthly salary.  Vacation must be taken within 12 months following the date on which the employee acquired the right to the vacation.  The first right is acquired on the one-year anniversary date of employment, and subsequent yearly rights are acquired on the employment anniversary date in each year.  Periods of leave not taken within the 12-month period must be paid double.  Days on which an employee was justifiably absent from work cannot be deducted from vacation.

 

If a domestic employee resigns before completing one year of employment, or if you terminate the employee within the first year of employment, you must pay one-twelfth of the current monthly salary for each month of employment.  Fractions of 15 or more days of service in the entry-on-duty month or in the last month worked count as a full month.

 

The timing of the leave is determined by the employer, not the employee.  The dates on which annual leave is taken should be noted in the labor book and signed by the employer (Attachment 3).

 

 

F. ADVANCED LEAVE (FÉRIAS ANTECIPADAS)

 

Advanced leave is not covered by any provision of the Labor Code (CLT).  An employee is only entitled to 30 days of vacation after completion of each year of service and therefore cannot demand that his or her employer advance annual leave.  However, if the employee asks, the employer can agree.  It also is allowable for an employer to offer advanced leave for the employer’s convenience, if it is agreeable to the employee.  In either case, the agreement must be made in writing.

 

If an employer insists or requires that an employee take leave in advance against the employee’s wishes, the time off is regarded as a gift of leave in a normal working period, and so does not jeopardize the employee’s right to take leave after the entitlement period.  Such required time off must be paid.

 

The following situations should be noted:

 

1)  An employee with six months of service takes advance leave and immediately resigns or is terminated for cause.  The employee must reimburse the employer for the full 30-day leave advance, because no leave accrues to an employee who resigns or is fired for cause before completing one year of service.

 

2)  An employee with six months of service takes advance leave and is terminated without cause as of the eighth month of employment.  The employee must refund one-third of one month’s salary (four-twelfths) for the four months of the leave accrual year not worked.

 

3)  An employee is advanced leave beginning the 11th month of service but resigns or is terminated immediately upon returning to work.  The employee does not have to refund anything because, at the time he or she returned to work, the leave accrual period was completed.

 

 

G. SALE OF LEAVE (VENDA DE FÉRIAS)

 

An employee has the right to sell one-third (10 days) of his or her annual leave at the time he or she takes leave, and you cannot deny it.  The leave sale must be 10 days, no more and no less.  Some employers and employees may get the idea to propose sale of the full 30-day leave.  This is illegal and should not be done.

 

A written record of any leave sale should be made and kept, and the dates of leave actually taken should be recorded in the employee’s labor book (Attachment 3).

 

 

H. 13TH-MONTH SALARY

 

The 13th-month salary is based on the employee’s December salary.  It is an additional bonus month of salary.  It is fully paid to a domestic employee ONLY if he or she has been on board for a full year as of December of each year.  Otherwise, he or she should receive one-twelfth of the December salary for each month of employment.  Fractions of 15 days or more of service in the entry-on-duty month count as a full month.  Here are a few examples:

 

1)  An employee who began working on January 17 (15 days of service in the month) would be entitled to a full 13th-month salary.

 

2)  An employee who started working on January 18 (only 14 days of service in the month) would be entitled to eleven-twelfths of the full 13th-month salary.

 

3)  An employee who started working on July 4 (more than 15 days of service in the month) would be entitled to one-half (six-twelfths) of the full 13th-month salary.

 

NOTE:  INSS contributions are required on 13th-month salary payments, and should be paid by December 20 of each year.  If your domestic employee participates in FGTS, FGTS contributions also are required.

 

 

I. MATERNITY LEAVE (LICENÇA MATERNIDADE)

 

Employees are entitled to 120 days of maternity leave at full salary paid directly by Brazilian Social Security (INSS).  Maternity leave usually begins four weeks before birth and is established by an SUS-accredited attending physician.  (SUS is the government health-care system, Sistema Único de Saúde.)  This physician will provide a medical report for presentation to the Benefits Section (Setor de Benefícios) of INSS.

 

The Brazilian Constitution prohibits arbitrary dismissal, with or without cause, of a pregnant employee beginning at the confirmation of her pregnancy up to five months after the birth.  If you wish to terminate an employee within this period, you must pay all benefits that would have been paid during the protected pregnancy period.

 

 

J. PATERNITY LEAVE (LICENÇA PATERNIDADE)

 

Five days of paternity leave must be provided to new fathers, beginning on the day the child is born.  When the employee returns to work, he must present a copy of the birth certificate.  Paternity leave must be paid by the employer.

 

 

K. INSS (BRAZILIAN SOCIAL SECURITY SYSTEM)

 

Domestic employees are covered by the Brazilian Social Security System (INSS).  INSS provides medical, dental and pharmaceutical benefits for the employee and his or her legal dependents.  Other INSS benefits for domestic employees are:

 

a)  Retirement payment

(Retirement may be for length of service, age or disability)

 

b)  Survivor annuity (in event of death)

 

c)  Disability compensation

 

d)  Maternity leave (120 days)

 

INSS monthly contributions are divided into employer and employee contributions and are based on at least a minimum wage.  They are higher if you are paying your employee above the minimum wage.  Employer and employee contribution levels change periodically; the current rates are published daily in the major newspapers, usually in a table in the “money” or “financial” section.  (In Brasília’s Correio Braziliense, the table appears in the “INSS” section under the heading “Assalariados, Domésticos e Trabalhadores Avulsos.”  In São Paulo’s Folha de São Paulo, the table appears in the “Faça Suas Contas” section under “Trabalhador Assalariado.”)

 

Table updated last January, for example, the employer’s contribution was 12% of salary; the employee’s contribution ranged over four steps from 8% to 11% of salary. (See table below)

 

Salary

Employee contribution by %

Employer contribution by %

Up to R$1.247,70

8

12

From R$1.247,71to R$2.079,50

9

12

From R$2.079,51to R$4.159,00

11

12

 

INSS contributions must be made between the first and 15th day of the month following each month of employment.  For example, the payment for May is due by June 15.  Each payment is submitted to INSS along with the appropriate coupons from the INSS coupon booklet, which your employee can get from any stationery shop (papelaria). You can also print the voucher for payment from the INSS’s website (http://www3.dataprev.gov.br/cws/contexto/captchar/index_ciant2.html). From the same website you can enroll a person who had never issued the PIS or NIT number or just call 135. The bank retains the original of the receipt and returns the booklet to the depositor.  Make sure to keep a copy of all INSS payments and retain them in your records, as they are the evidence that you have complied with this obligation.

 

Payments made after the appropriate due date are subject to fine, interest, and/or monetary correction.

 

You should emphasize to your employee(s) the importance of making regular INSS payments.  It is your responsibility as the employer to ensure that INSS contributions are made and are paid on time.

 

 

L. TRANSPORTATION TICKETS (VALE TRANSPORTE)

 

Vale transporte is a benefit that employers provide to their employees on a cost-shared basis for transportation to and from work during the month.  Private companies and other large organizations buy the tickets from bus companies in advance and deliver them to employees at the beginning of each month.  Employees are deducted 6% of their salary for this benefit, and employers must pay the difference.

 

Although the law does not mandate this benefit for household employees, the prevailing practice is for employers to pay the full cost of bus fares directly to their domestic staff (including daily and part-time workers).  The cost of the appropriate bus fares is paid directly to the employee on a daily, weekly or monthly basis.

 

 

M. ILLNESS/INJURY (AUXÍLIO DOENÇA)

 

Auxílio doença is an INSS benefit that pays a “shadow” salary to sick or injured workers in lieu of salary from the employer.  A domestic employee is entitled to receive this benefit from the first day of an illness or injury, for an illness or injury that prevents him or her from working even for one day.  It is paid for as long as the employee is unable to work.

 

In order to claim this benefit, an employee unable to work due to illness or injury (or someone on his or her behalf) must report to the INSS post closest to his or her home.  Usually INSS will have the employee examined by an INSS doctor to determine eligibility for the benefit.

 

For the time that an employee is away from work and receiving the auxílio doença, it is not necessary for the employer to make salary payments.

 

PLEASE NOTE:  In order for an auxílio doença application to be processed at INSS posts, the worker must supply the employer’s CPF number.  (See information on CPF number above.)

 

PLEASE ALSO NOTE:  If an employee is injured or becomes ill on the job, it is important to seek medical attention, not only to help the employee but also to avoid liability for negligence.

 

 

N. FGTS (LABOR GUARANTY FUND)

 

FGTS (Fundo de Garantia do Tempo de Serviço) is a savings account plan designed to carry workers over periods when they are out of work.  The accounts are maintained by the Caixa Económica Federal (CEF), the national savings bank, which has many branches throughout Brazil.

 

Participation by a domestic employee and employer in FGTS is optional.  However, once participation is begun, it may not be stopped as long as the employment continues.

 

Enrollment and deposit forms are available at any branch of the CEF.  The normal FGTS payment, which is deposited monthly, is 8% of the employee’s monthly salary.  FGTS also is paid for the 13th-month salary.

 

When considering participation in FGTS, remember that if you (the employer) terminate the employment without cause, you will owe an additional FGTS payment of 40% of the balance of the employee’s FGTS account.

 

Participation in FGTS is recorded in the employee’s labor book in the section headed FGTS – Fundo de Garantia do Tempo de Serviço.  Please visit the Human Resources Section for instructions on completing this part of the labor book and for instructions on filling out FGTS forms.

 

 

SEPARATING DOMESTIC EMPLOYEES

 

Under Brazilian labor law, there are three types of employment separation actions:

 

a)  Resignation

 

b)  Dismissal for Just Cause

 

c)  Dismissal Without Just Cause

 

There are specific legal and procedural requirements for each type of separation.  In order to avoid problems, including the possibility of a legal action, please check with the Human Resources Section for advice when you need to separate an employee.  Please remember that, whenever an employee is separated, the employer must complete and sign the labor book section for termination of employment (Attachment 1).

 

For convenience, a chart on applicable benefits for each type of separation is included as Attachment 6.

 

Please remember that separation actions and dates must be recorded in the employee’s labor book.

 

 

  1. A.  RESIGNATION

 

When an employee resigns, make sure to obtain a resignation letter.  Do not accept a verbal resignation.  If you do not have a written resignation and you are taken to court, you will not be able to prove that the employee resigned and you most likely will be held liable for payment of termination benefits as if you had separated the employee without just cause.

 

Attachment 7 is a sample resignation letter.  You should keep the signed original in your files.

 

If an employee resigns before completing 12 months of service, he or she is entitled to the remaining monthly salary plus the prorated portion of the 13th-month salary and the prorated leave.

 

An employee who resigns after one full year of service is entitled to the following:

 

1)  Remaining monthly salary

 

2)  Prorated share of 13th-month salary

 

3)  Payment for any unused leave earned from previous years plus one-third payment of that leave

 

4)  Prorated share of leave for current leave year plus payment of one-third of this leave

 

5)  INSS contributions through the last day on duty

 

Attachment 8 is a sample receipt of final payment for a domestic employee who is resigning.  It includes listings for each of these payments.

 

Although the employee is required by law to give 30 days’ notice, it is not common practice for such notice to be given.

 

You must sign the employee’s labor book, entering the date the employment ended, annual leave taken, and adjustments to salary that occurred during the employment.  You should give the INSS receipt book to the employee, as it is his or her record of contributions to INSS.

 

 

  1. B.  TERMINATION FOR JUST CAUSE (DEMISSÃO POR JUSTA CAUSA)

 

Article 482 of the CLT lists several conditions that are considered “just causes” for dismissal of an employee, including a domestic employee.  They are:

 

(a) Any act of dishonesty (for example, theft)

 

(b) Lack of self-restraint or improper conduct

 

(c) Sloth in the execution of duties

 

(d) Habitual intoxication or intoxication during work hours

 

(e) Any act of indiscipline or insubordination

 

(f) Abandonment of employment

 

For an employee to be dismissed for just cause, there must be solid evidence and documentation of the cause.  A basic legal principle is that a party who alleges something must be able to prove it.  In the case of labor law, which is designed to protect the “weaker party” (employee) against the greater power of the “stronger party” (employer), the greater burden is placed on the employer to prove just cause for dismissal.

 

Mere unsatisfactory performance is not considered “just cause” for dismissal.  Nor are first offenses or occasional lapses.  Unsatisfactory performance can be considered just cause only when the unsatisfactory performance is continuous and recurring, documented and duly proven (preferably with more than one witness).  The unsatisfactory performance must be shown to be a case of “indiscipline.”  There must be an attempt at relief, with a graduation of seriousness in the penalties imposed (admonishment, then written reprimand, then suspension, etc.).

 

If there is enough documented evidence for a dismissal for just cause, there is no requirement for 30 days’ notice of termination.  The notice of termination should be made in writing, citing the reasons for the dismissal (Attachment 9).  An employee dismissed for just cause is not entitled to any prorated payments for vacation leave or 13th-month salary earned in the current year.  The only entitlements are salary (and FGTS contribution, if enrolled) to the day of termination and payment for unused leave earned in previous years.  (See Attachment 10.)

 

 

C. TERMINATION WITHOUT JUST CAUSE (DEMISSÃO SEM JUSTA CAUSA)

 

This is the type of separation most likely to be used when you depart post.  It is initiated by the employer for reasons not prejudicial to the employee.

 

Advise your employee in writing (Attachment 11) at least 30 days in advance (aviso prévio).  If 30 days’ notice is not given, written notice still should be given, and the employee must be paid one month’s salary in lieu of notice.  (NOTE:  You may find it preferable to discharge the employee without 30 days’ notice and “pay off” the notice period.  Attachment 12 is a sample termination notice with intent to pay off the notice period.)

 

For a termination without cause, you are obligated to pay the following benefits:

 

1)  One month’s salary in lieu of 30-day notice (if applicable).  This payment must be included in the final salary/benefits payment, and the total amount owed is then determined as if the employee worked for the 30-day notice period.  For example, if you terminate your employee on April 4, you compute the vacation and prorated 13th-month amounts through May 3 (April 4 plus 30 days), as well as paying the employee’s normal salary through May 3.

 

2)  Prorated share of annual leave earned (regardless of completion of a full year of employment), plus unused leave accrued during the previous year, plus additional payment of one-third of all leave.

 

3)  Prorated share of 13th-month salary.  This is calculated at one-twelfth of the last full month’s salary for each month of employment in the current year.  Fractions of 15 or more days worked in the final calendar month count as a full month.

 

Here are a few examples:

 

(a)    An employee separated on Jan. 15 (15 days of service in the month) would be entitled to one-twelfth of the 13th-month salary.

 

(b)    An employee separated on Jan. 14 (only 14 days of service in the month) would not get a prorated 13th-month salary.

 

(c)    An employee separated on July 4 (fewer than 15 days of service in the month) would be entitled to one-half (six-twelfths) of the 13th-month salary.

 

4)  INSS contribution through the last day on duty.

 

5)  FGTS deposit (only if your employee is enrolled).  For termination without cause, there is a 40% bonus payment mandated by law.  To calculate what is owed, you must obtain from Caixa Económica Federal (CEF) the total FGTS balance in the employee’s account.  The 40% payment is calculated from this amount, PLUS any remaining further deposits that you owe as part of the final payment of salary/benefits. The FGTS deposit should be paid directly to CEF.  For guidance on the FGTS separation deposit, please visit the Human Resources Officer.

 

Always give your employee an accounting of the termination payment (Attachment 13).

 

PLEASE NOTE: You should keep copies of ALL termination documents for your records.

 

 

PART-TIME DOMESTIC WORKERS

 

The guidance above covers full-time domestic employees.  Part-time or occasional workers such as a house cleaner (faxineira), seamstress, gardener, etc. are considered “autonomous workers” and are not entitled to the benefits enumerated above.

 

An autonomous worker is someone who comes to your house to do a service, such as cleaning, ironing or cutting the lawn, up to two days a week.  If he or she works for you three or more days a week, then he or she no longer is an autonomous worker but a full domestic employee and therefore MUST be paid all benefits of a full-time employee described above.

 

In order to protect yourself and be sure of your situation, check with the Human Resources Section before engaging part-time workers.  In general, it is best to limit this type of service arrangement to no more than two days a week.

 

Attachment 14 is a sample receipt for payment to a part-time autonomous worker.

 

 

 

SPECIAL PROCEDURES FOR NON-BRAZILIAN DOMESTIC EMPLOYEES

 

If you bring a foreign domestic employee with you or engage such an employee from a departing diplomat, you must have the employee registered with the Foreign Ministry and get the employee a valid Brazilian visa.  The Human Resources Section will assist you with completion of the forms and will forward the papers and your employee’s passport to the Foreign Ministry, requesting an identification document  (carteira) for the employee.

 

Requests for registry of foreign domestic employees must include a statement that the employer (i.e., the accredited member of the Mission) will be responsible for the domestic employee’s departure from Brazil when the employer leaves Brazil or within 30 days of termination of employment.

 

 

A NOTE ON USING THE ATTACHMENTS

 

The attachments are provided for your guidance.  In general, minor changes may be made without any problem to suit an individual case.  If you need to alter the text in any significant way, please consult with the Personnel Office before using the document.

 

Finally, use ONLY plain paper or personal stationery for written communication with your domestic employees.  NEVER use official U.S. Government stationery for this.  U.S. Government stationery is reserved for U.S. Government official communications only.  Personal use of U.S. Government stationery is prohibited by U.S. Government regulation and Mission policy and is subject to disciplinary action.  Mission policy also prohibits using the name of the Embassy or any consulate or U.S. Government agency on any documents pertaining to personal domestic employees.

 

*

 

 

 

 

 

 

 

 

 

INDEX  OF  ATTACHMENTS

 

Attachment 1 – Sample Labor Contract Page from Labor Book

Attachment 2 – Sample Adjustment-of-Salary Page from Labor Book

Attachment 3 – Sample Leave Notation Page from Labor Book

Attachment 4 – Cancelled

Attachment 5 – Receipt for Monthly Salary Payment

Attachment 6 – Benefits Chart

Attachment 7 – Sample Resignation Letter

Attachment 8 – Receipt for Final Payment of a Domestic Employee Who                           Resigns

Attachment 9 – Sample Letter of Termination for Just Cause

Attachment 10 – Receipt for Final Payment for Employee  Terminated for

                                 Just Cause

Attachment 11 – Sample Letter of Termination Without Just Cause

                                  (employee will work during 30-day notice period)

Attachment 12 – Sample Letter of Termination Without Just Cause

                                 (employer will pay off the 30-day notice period)

Attachment 13 – Receipt for Termination Without Just Cause

Attachment 14 – Receipt for Payment of a Part-Time Worker

 

 

 

 

 

 

 

 

 

 

ATTACHMENT  1

Enter-on-duty date
 
Last Date of Work
 
 
 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT  2

 

 

 
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35
ANOTAÇÕES DE FÉRIAS
ANOTACÕES DE FÉRIAS
 
  ………../  ……… ……    a      ………./ ……….. / ………..
Gozou férias relativas ao período de               …………………………. de  ………../………/ ………..  a    ………./………../ ………..
…………………………………………………………….Assinatura do empregador

Gozou férias relatives ao período de           …………………………. de  ………..I……… / ……….a ………./………../………..

…………………………………………………………….Assinatuira do empregadot

Gozou  férias relativas ao período de           …………………………. ………../………/……….   a  ………./………..I………..

 .

Assinatura do empregador

Gozou férias relatives ao periodo de            …………………………. de  ………../………/………..a  ………./………../………..

    

 

Gozou férias relativas ao período de                …………………………. de  ………../………/ ………..  a    …………………/………..

…………………………………………………………….Assinatura do empregador

Gozou férias relativas ao periodo de           …………………………. de ………../………/………..a    ………./………..I………..

 Assinatua do empregador

Gozou férias relativas ao período de            …………………………. ………../………/………..a    ……….I………..I………..

…………………………………………………………….Assinatura do empregador

Gozou férias relativas ao período de          …………………………. de  ………../………I………..a   ………./………../………..

……………..                                    . …………….                   d@ @ i@d@i
…I………….                ………. Iraqi …………… CMPFC
II
 

ATTACHMENT  3

 

 

LABOR BOOK – SAMPLE OF LEAVE NOTATION PAGE

 

 

 

 

ATTACHMENT  5

 
2148 – GRAFOPEL
Bloco c/ 50 Fls

 

 

 

 

 

 

 

RECEIPT FOR MONTHLY SALARY PAYMENT

 

(Can be purchased at stationery stores)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FINAL TERMINATION BENEFITS

 

 

 

 

 

CHART

 

 

 

 

 

 

 

 

 

 

 

 

 

Benefits

Resignation

 

Term. W/O Prejudice

Termin. Cause

 

 

 

 

 

 

 

 

less than

more than

less than

more than

less than

more than

 

one year

one year

one year

one year

one year

one year

 

 

 

 

 

 

 

30-day Leave

no

yes

yes

yes

no

yes*

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Prorated Leave

yes

yes

yes

yes

no

no

 

 

 

 

 

 

 

 

 

 

 

 

 

 

30-day Notice

yes**

yes**

yes

yes

no

no

 

 

 

 

 

 

 

 

 

 

 

 

 

 

13th-Month Salary

yes

yes

yes

yes

no

no

(prorated)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FGTS 40% Penalty

no

no

yes

yes

no

no

(if enrolled)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

( * ) An employee terminated for cause is ONLY entitled to payment of days worked in

the month plus férias vencidas, e.g. leave accrued during previous waiting period but not

taken.

 

 

 

 

 

 

 

 

 

 

 

 

 

( ** ) Though required by law, it is best to disregard it. Not a prevailing practice.

 

 

 

 

 

 

 

 

Note:  An additional 1/3 payment over any leave is to be made to employee.

 

 

 

 

 

 

 

 

ATTACHMENT  6

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT  7

 

 

Brasilia,  12 de maio de 2010.

 

 

Prezado Senhor(a):  ……………………………

 

 

 

Ref: Pedido de demissão voluntária

 

 

 

            Venho pela presente comunicar a V.Sa. o meu pedido de demissão do cargo de  doméstica, que ocupo em sua residência, a partir de hoje 12 de maio de 2010. Cumprirei o aviso prévio e meu último dia de trabalho será dia 10 de junho de 2010.

 

            Atenciosamente,

 

 

 

___________________________________

Nome completo

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ATTACHMENT  8

 

 

RECEIPT FOR A DOMESTIC EMPLOYEE WHO IS RESIGNING

 

 

 

RECIBO DE QUITAÇÃO

 

R$ ________________

 

 

Recebi do Sr. _______________________________ a quantia supra de R$ ___________

relativa as quantias que me são devidas em virtude de minha demissão como empregado(a) doméstico(a) em sua residência no período de (date) de (month) de (year) a (date) de (month) de (year), conforme valores discriminados a seguir:

 

 

            Salário do mês de __________ de (year)                   R$ _________

            1 mês de férias vencidas (período (year) /year)          R$ _________

            1/3 sobre as férias vencidas                                         R$ _________

            Férias proporcionais (00/12 avos)                               R$ _________

            1/3 sobre férias proporcionais                                     R$ _________

            13o. salário proporcional (00/12 avos)                        R$ _________

            …………………………………………………………….              R$ _________

            …………………………………………………………….              R$ _________

 

Com o recebimento das importâncias acima referidas, declaro-me plenamente ressarcido(a) de todas e quaisquer obrigaçoes oriundas do meu contrato de trabalho, pelo que dou plena quitação, nada mais havendo a reclamar.

 

 

                                             Brasília, (full date)

 

 

Nota: Declaro ainda que também recebi nesta data a minha carteira profissional devidamente assinada de no._________ série _________.

 

 

___________________________

Assinatura completa da doméstica

 

 

 

 

ATTACHMENT  9

 

 

 

SAMPLE LETTER

TERMINATION FOR JUST CAUSE

 

 

 

 

 

                                                                                                Brasilia, (date)

 

 

 

 

Prezado(a) Sr.(a) ____________:

 

 

Ref: Demissão por Justa Causa

 

 

            Lamento informar que em virtude de (briefly indicate condition that justify dismissal for cause) V.Sa. está sendo demitido(a), nesta data, por justa causa.

 

Favor datar e assinar a cópia em anexo.

 

Atenciosamente,

 

 

_______________________________________________

(nome do empregador que assinou a carteira profissional)

 

 

 

Recebi o original desta carta em:   (date)

 

 

_______________________________________

(assinatura completa do(a) doméstico(a)

ATTACHMENT  10

 

RECEIPT FOR FINAL PAYMENT – TERMINATION FOR CAUSE

 

 

 

RECIBO DE QUITAÇÃO

 

R$ ________________

 

Recebi do Sr. _______________________________ a quantia supra de R$ ___________

relativa as quantias que me são devidas em virtude de minha demissão como empregado(a) doméstico(a) em sua residência no período de (day) de (month) de (year) a (day) de (month) de (year), conforme valores discriminados a seguir:

 

 

            Salário do mês de __________ de (year)                   R$ _________

            1 mês de férias vencidas (período (year) /year)          R$ _________

            1/3 sobre as férias vencidas                                         R$ _________

            …………………………………………………………….              R$ _________

            …………………………………………………………….              R$ _________

 

Com o recebimento das importâncias acima referidas, declaro-me plenamente ressarcido(a) de todas e quaisquer obrigaçoes oriundas do meu contrato de trabalho, pelo que dou plena quitação, nada mais havendo a reclamar.

 

 

                                             Brasília, (full date)

 

 

Nota: Declaro ainda que também recebi nesta data a minha carteira profissional devidamente assinada de no._________ série _________.

 

 

______________________________________

Assinatura completa do(a) doméstico(a)

 

 

            Testemunhas:

            1. ____________________________                        __________________________

                   Nome e Carteira de Identidade                             Assinatura

 

            2. ____________________________                        __________________________

                   Nome e Carteira de Identidade                             Assinatura

 

ATTACHMENT  11

 

 

SAMPLE LETTER

 

TERMINATION WITHOUT JUST CAUSE

(employee will work during the 30-day notice period)

 

 

Brasilia, (complete with full date)

 

 

Prezado(a) Senhor(a):

 

 

     Venho pela presente informar-lhe que V.Sa. está sendo dispensado(a) do cargo de doméstico(a) em minha residência, a partir de (date).

 

Serve esta como aviso prévio de 30 dias estabelecido por lei. 

 

Favor datar e assinar a cópia em anexo.

 

            Atenciosamente,

_______________________________________________

(nome do empregador que assinou a carteira profissional)

 

 

 

 

Recebi o original desta carta em:   (date)

 

 

_______________________________________

(assinatura completa do(a) doméstico(a)

 

 

 

 

 

 

 

ATTACHMENT  12

 

 

SAMPLE LETTER

 

TERMINATION WITHOUT JUST CAUSE (employer will pay off the 30-day notice period)

 

 

 

Brasilia, (complete with full date)

 

 

Prezado(a) Senhor(a):

 

 

            Venho pela presente informar-lhe que V.Sa. está sendo dispensado(a) do cargo de doméstico(a) em minha residência, a partir desta data.

 

V.Sa. receberá um mês de salário em lugar dos trinta (30) dias de aviso prévio, sendo esse período incorporado ao seu tempo de serviço para cálculo das verbas a que tem direito.

 

Favor datar e assinar a cópia em anexo.

 

            Atenciosamente,

_______________________________________________

(nome do empregador que assinou a carteira profissional)

 

 

 

 

 

Recebi o original desta carta em:   (date)

 

 

_______________________________________

(assinatura completa do(a) doméstico(a)

 

 

 

 

 

ATTACHMENT  13

 

RECEIPT FOR TERMINATION WITHOUT JUST CAUSE

 

 

 

RECIBO DE QUITAÇÃO

 

R$ ________________

 

Recebi do Sr. _______________________________ a quantia supra de R$ ___________

relativa as quantias que me são devidas em virtude de minha demissão como empregado(a) doméstico(a) em sua residência no período de (day) de (month) de (year) a (day) de (month) de (year), conforme valores discriminados a seguir:

 

            Salário do mês de __________ de (year)                   R$ _________

            1 mês de aviso prévio                                                  R$ _________

            1 mês de férias vencidas (período (year) /year)          R$ _________

            1/3 sobre as férias vencidas                                         R$ _________

            Férias proporcionais (00/12 avos)                               R$ _________

            1/3 sobre férias proporcionais                                     R$ _________

            13o. salário proporcional (00/12 avos)                        R$ _________

            …………………………………………………………….              R$ _________

            …………………………………………………………….              R$ _________

 

Com o recebimento das importâncias acima referidas, declaro-me plenamente ressarcido(a) de todas e quaisquer obrigações oriundas do meu contrato de trabalho, pelo que dou plena quitação, nada mais havendo a reclamar.

 

 

                                             Brasília, (full date)

 

Nota: Declaro ainda que também recebi nesta data a minha carteira profissional devidamente assinada de no._________ série _________.

 

___________________________

Assinatura completa da doméstica

 

 

Testemunha:

 

_______________________________                      ___________________________

Nome e No. da Carteira de Identidate                                                      Assinatura

 

 

ATTACHMENT  14

 

 

RECEIPT FOR PAYMENT OF A PART-TIME WORKER

 

 

 

R E C I B O

 

 

R$ ________________

 

 

Recebi do Sr. _______________________________ a quantia supra de R$ ___________

(______________________________________________) referente ao pagamento de ___________ diária(s) de R$ ______________ no período de _____/______/_____

a _____/______/_____.

 

                                             Brasília, (full date)

 

 

_________________________________

Assinatura completa do(a) doméstico(a)

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