How does unemployment insurance for domestic workers work and who applies?

Unemployment insurance for domestic workers has different rules than regular unemployment insurance, which is why it still generates many questions. Read the text to learn more details.

What is a domestic worker?

According to Article 1 of LC No. 150As of June 1, 2015, domestic work is defined as follows:

"Article 1. Domestic employees are defined as those who provide continuous, subordinate, paid, and personal services of a non-profit nature to a person or family within their residence, for more than two (2) hours per week."

In other words, a domestic worker is someone who performs tasks within a residential setting. Among the activities this professional may perform, we can highlight, for example:

To cook;
To drive;
To clean;
Wash and iron.

It's important to highlight that to be classified as domestic work, the work must be continuous and performed at least two days a week. Anything less than that is what we know as day labor, for example.

What are the rights of a domestic worker?

By formalizing the employment contract, that is, registering it in the work booklet, the professional enjoys certain labor and social security rights, the main ones being:

FGTS;
Overtime;
Night shift allowance;
Vacation;
Thirteenth;
Unemployment insurance for domestic workers;
Retirement;
Sickness benefit;
Maternity benefits.

How does unemployment insurance work for domestic workers?

THE unemployment insurance for domestic workers It is financial assistance whose purpose is to support the professional for a certain period after the Dismissal without just cause or constructive dismissal.

Unlike regular unemployment insurance, it has a maximum duration of 3 months.

However, the insurance value It doesn't vary; it simply follows the current minimum wage. For example, in the year... 2022 unemployment insurance for domestic worker is from R$1.212,00.

Who is entitled to the benefit?

Simply being a domestic worker is not enough to access the benefit; certain requirements must be met.

First, the worker needs to be registered as a domestic employee with Social Security.

In addition, the professional must have worked for at least 15 months in the last two years and have the same contribution period to the FGTS (Brazilian severance pay fund) as a domestic employee.

Apart from that, the professional cannot have their own income or be receiving any other assistance, for example, sick pay.

Within these requirements, every domestic worker who has been dismissed without just cause or through constructive dismissal is entitled to unemployment insurance.

Who applies for unemployment insurance for domestic workers?

The employee must apply for the benefit themselves. This can be done in person at any Ministry of Labor and Employment office, such as SINE or Emprega Brasil.

If you prefer, you can generate the application on the Federal Government portal. Access the website and click on “apply for unemployment insurance as a domestic worker”

If you can't find that option, you can type it into the search field on the homepage; the alternative you're looking for will surely appear.

You will need to register on the website if you don't already have an account. Your login and password can be used to access many important pages on the Federal Government website related to social benefits.

The government website provides a video tutorial showing a step-by-step process for making the request.

Required documentation

To request the unemployment insurance for domestic workers The following documents are required:

Work and Social Security Card;
Termination of employment contract;
Declaration that you are not receiving any continuous benefit from Social Security, except for accident compensation and survivor's pension.
A declaration stating that they do not have sufficient income of any kind to support themselves and their family.

What are the employer's obligations?

The employer also has responsibilities in this process. In fact, they are a key player in ensuring everything is done correctly. One of these responsibilities is accessing the eSocial system and reporting the dismissal.

The employer must communicate the reason for and the date of payment of severance pay. Furthermore, the payment must be made within 10 days of the termination of the employment contract.

It is the employer's responsibility to print the FGTS (Brazilian Severance Indemnity Fund) Payment Slip, the Termination Agreement, and the Settlement Agreement for the Termination of Employment Contract from the system and then deliver them to the employee.

What is the deadline for applying for and receiving unemployment insurance for domestic workers?

The worker has between 7 and 90 days from the date of dismissal to request their severance pay. Unemployment insurance for domestic workers.

The payment deadline is 30 days after the domestic employee has made the request.

It is possible to track the progress of the request through several Caixa channels, for example, the Caixa Trabalhador app or Caixa Tem.

Conclusion

THE unemployment insurance for domestic workers It is a right of the domestic worker, and employers who fail to comply with the law may be fined according to the e-Social Doméstico fines table.

For example, the employer has up to 10 days to provide their former employee with the necessary documentation to access and withdraw funds from their FGTS (Brazilian severance pay fund) and apply for unemployment insurance.

If the employer fulfills all their legal obligations during the time the domestic worker is employed, then the worker will certainly be entitled to this benefit.

Ultimately, it is up to the domestic worker to verify whether the employer has registered them on eSocial and is making the correct FGTS (Brazilian severance pay fund) deposits every month.

Life and Finance

Nara

Writer and aspiring Virtual Assistant. Passionate about the Digital Financial Market and its various aspects. Certified by Rock Content and HubSpot. ANBIMA student.

July 11, 2022