Ana Virgínia Moreira Gomes, Ph.D.
Universidade Católica de Santos - Brazil
Source: IPEA, 2010
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Article 7 of the1988 Constitution guarantees
domestic workers 10 of the 29 fundamental
labour rights guaranteed to all other workers:
minimum wage; irreducibility of wage; annual
bonus; paid weekly leave; annual paid vacation;
vacation bonus, 120 days paid maternity leave; five
days paid paternity leave; notice of dismissal; social
security system.
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Law #5.859/72 (known as domestic workers
law, lei dos empregados domésticos)
regulates domestic work.
Decree # 6481/2008 includes domestic child
labour among the worst forms of child labour
and prohibits domestic work for children
under 18 years.
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Family bonus, additional remuneration for
unhealthy, dangerous or night-shift work,
overtime pay, limits on hours of work and
occupational accident insurance.
Trend towards inclusion of domestic workers
in the labour and social security systems.
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Informality
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Domestic child labour
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Discrimination and
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Violence against domestic workers
The high informality of domestic work is
closely related to poor law enforcement,
insufficient labour inspection and the lowlevel of education among domestic workers
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Article 5, Line XXXIII of the Constitution
prohibits employment of children younger
than 16 years.
Brazil ratified the fundamental ILO
conventions 138 and 182.
In 2008, 4,500,000 children between 5 and
17 years old worked in various types of child
labour, including domestic child labour.
Almost 1/3 of all child workers work at least
40 hours a week.
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Domestic work seen by many as an
opportunity for a better life for poor children
Lack of labour inspection
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Domestic workers are subject not only to
direct discrimination, as the law does not
grant them the same rights as other workers,
but also to indirect discrimination:
Gender and Colour discrimination
White Men
White
Women
Afro-Brazilian
Men
Afro-Brazilian
Women
Source: ILO, Suplemento Nacional do Relatório Global 2007
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Afro-Brazilian women moved from the
senzala to domestic work.
In many cases, working for housing and food.
Colour discrimination has been the main
factor that explains why Afro-Brazilian
women make-up until today the majority of
domestic workers.
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After housewives, domestic workers are the
second biggest group of female victims of
domestic violence.
The most common cases include moral
harassment, physical aggression, sexual
harassment and rape.
In addition to the recognition of employment
rights, Brazil has not developed the means
through which domestic workers are able to
enjoy these rights, such as strengthening
labour inspection, trade unions and
developing public policies to guarantee
domestic workers’ fundamental rights.
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Recognition of Fundamental Rights
Public policies concerning domestic work and
the ministry of labour
Strengthening domestic workers’ trade
unions
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Two subprograms offer education,
professional qualification and tips on
organizing unions.
The third subprogram, called “Public policies
intervention” consists of public campaigns on
issues such as human rights, violence against
women, right to housing, health, work and
social security and eradication of domestic
child labour.
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In Brazil, there are approximately 40
domestic workers’ trade unions.
Non-recognition of domestic work as
professional category because of its nonprofit
character
Economic difficulties resulting from the lack
of contributions
Law does not recognize the right of collective
bargaining for domestic workers
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Improvements in the law recognizing
employment rights of domestic workers;
Insufficient government policies that
address major gaps in regulation.