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When a worker is dismissed without just cause, it is worth remembering that those with formal employment have the right to apply for unemployment insurance.
However, the scenario changes a little when we talk about unemployment insurance for domestic workers, who follow specific rules that are different from other workers with a formal contract.
This occurs because the domestic workers have social and social security rights, which are only guaranteed if the contract complies with the law, find out more below!
Read too:
How does domestic employment work?
The professional who performs tasks in the residential environment is called a domestic worker.
For this activity to be classified as domestic work, there must be a frequency, that is, the work must be carried out for more than two days a week, without profit objectives for the family that contracted the service.
This worker's responsibilities may include cleaning the house, preparing meals, driving vehicles for the family, among other tasks.
The legislation provides specific standards for the employer, and the Article 1 of Complementary Law No. 150, of June 1, 2015, defines domestic work as follows:
“Art. 1st A domestic employee is considered to be one who provides services in a continuous, subordinate, onerous and personal manner, with a non-profit purpose to the person or family, in their residential environment, for more than 2 (two) days a week.”
What benefits is a domestic worker entitled to?
When the employment contract is made official, with registration on the card, the domestic employee starts to have the same labor and social security rights as any other worker. Some of the main rights include:
1. Vacation
2. Overtime
3. Night additional
4. FGTS (Service Time Guarantee Fund)
5. Social security benefits, such as sickness benefit, retirement, maternity leave, among others
6. Thirteenth salary
7. Unemployment insurance for domestic workers
Is a domestic worker entitled to unemployment insurance?
Yes, domestic workers are entitled to unemployment insurance! As mentioned previously, this benefit is guaranteed to any professional fired without just cause or through indirect termination.
However, it is important to be aware of the conditions for requesting this right.
In the case of unfair dismissal, the domestic worker may apply for unemployment insurance if:
1. Is registered as a domestic worker with Social Security;
2. Have worked for at least 15 months in the last two years;
3. Have at least 15 contributions to FGTS as a domestic servant;
4. Not receiving other benefits, such as death pension or sickness benefit;
5. Not having your own income.
It is essential to meet these requirements to ensure access to domestic unemployment insurance.
How does unemployment insurance for domestic workers work?
Unemployment insurance for domestic workers is financial support in cash, paid for a previously defined period.
Its purpose is to provide financial support to professionals who have been laid off or left through indirect termination, allowing them to maintain their income while looking for a new job.
Normally, this benefit is granted in three to five installments, but in the specific case of unemployment insurance for domestic workers, its maximum duration is three months.
How much is unemployment insurance for domestic workers?
Unemployment insurance for domestic workers is calculated based on the minimum wage, as established by article 26 of Complementary Law No. 150.
In 2024, this would mean that these professionals would be entitled to receive R$ 1,412.00 in unemployment insurance.
How to apply for maids?
You can apply for unemployment insurance for domestic workers in person, going to a Ministry of Labor and Employment (MTE) office, or online through the government website. On the internet, follow these steps:
1. Access the site of the Federal Government;
2. Go to “Government Services for you”;
3. Click on “Request domestic employee unemployment insurance”;
4. If you can't find it on the home screen, search at the top of the page for “domestic employee unemployment insurance”;
5. Watch the video tutorial and follow the instructions to make the request.
What is the deadline to request?
To request unemployment insurance for domestic workers, the professional has 7 to 90 days after the date of dismissal to make the request to the Ministry of Labor and Employment (MTE).
Or in authorized bodies such as the Regional Labor and Employment Superintendencies (SRTE) and the National Employment System (SINE).
The MTE's Emprega Brasil website also allows this worker to request benefits. This deadline is stipulated in article 29 of Complementary Law No. 150:
Art. 29. Unemployment insurance must be requested between 7 (seven) and 90 (ninety) days from the date of dismissal.
Remember that the deadline to request unemployment insurance for domestic workers starts from the official date of dismissal.
See also how to regain access to the Caixa app: here! Questions about unemployment insurance for domestic workers? Leave it below in the comments!
