FGTS: impactos à luz EC/72/2013 na relação empregados domésticos

Abstract

The present study was constructed through the literature survey of secondary sources, among them legal doctrines and laws, as well as articles and journals that aim to highlight the new rights of domestic workers and their equivalence to other workers. The main objective is to assess whether any legislative changes actually equated domestic to urban, rural and independent workers. It is noteworthy that the enactment of Constitutional Amendment No. 72/2013, to broaden the rights of that class, brought great controversy in the legal community, which generated many doubts about its effectiveness. Among these questions is the issue of proof of overtime, and the question regards the obligation of payment of the Guarantee Fund for Time of Service (FGTS) and pay the 40% penalty for unfair dismissal. It can be concluded that equal rights came to value category, which is broken down since the beginning of its emergence. However, it is noteworthy that such measures will lead to higher costs to the employer and hence also for the employee, as it can grow even more informality in this sector.