More than 80.5 thousand employers of domestic workers from all over the country They will receive warnings, from this Wednesday (17), to regularize the deposits of the FGTS of their employees (FGTS).
Initially, the notifications of the Ministry of Labor and Employment will have the character of guidancewith the objective of alerting employers about irregularities and for give the opportunity for voluntary regularization of debts with FGTS until October 31, 2025.
After this period, the unregistered cases may be referred for formal notification and official survey of the debts, which may lead to legal penalties.
Receipt of notifications
You Electronic warnings of the Federal Government will be made via Electronic Labor Home System (DET)which allows electronic communication between labor inspection and the employer.
The alerts are based on data showing indications that employers have not collected or not paid FGTS of hired domestic workers correctly.
These debts in the collection of the FGTS were found from the intersection of information from the registered guides and paid to Caixa Econômica Federal and the eSocialcomputerized system of the Brazilian government that unifies the delivery of labor, social security, tax and FGTS information.
These communications carried out by DET dispense with publication in the Federal Official Gazette and postal shipping and are considered personal for all legal purposes.
Debt
The amount due to FGTS for 80,506 employers of domestic workers exceeds R $ 375 million and affects 154,063 domestic workers.
The State of São Paulo leads the debt in absolute numbers, with 26,588 employers, 53,072 workers and a debt of R $ 135 million. Followed by Rio de Janeiro, Minas Gerais and Bahia.
Already the northern states of Roraima, Amapá and Acre register the smallest volumes, with debts below $ 1 million.
What the law says
Constitutional Amendment No. 72/2013, known as the PEC of domestic, established equal labor rights between domestic workers and other urban and rural workers.
By expanding the rights of this category, the change in the law made FGTS a right of the domestic employee. The constitutional amendment was followed by a complementary legislation (Law No. 150/2015).
The regulation establishes the domestic employer the obligation to register and make monthly deposits regarding FGTS to their domestic employee.
According to Brazilian law, the compulsory monthly deposit of FGTS corresponds to a total of 11.2% of the worker’s salary in the FGTS account, being 8% of the FGTS deposit and 3.2% for compensatory indemnity for unjust cause, which is collected in advance.
