Most middle and upper Brazilian families hire housekeeping staff to assist with cleaning, cooking or performing other domestic tasks.  Foreign citizens residing in Brazil quickly learn to appreciate this touch of affordable contribution. Although convenient, it is not unusual to hear that hiring household help in Brazil is full of legal minefields – and every other employer has a story of someone who has been sued by their home maids and has spent some substantial amount of money in court. Yes! This is not a lie, but… hey, you don’t need to be afraid! All you need is proper and accurate Brazilian legal guidance. As said before, this kind of employment is very common in Brazil and often easily affordable for most foreigners living here. There’s no reason for you not to consider hiring some regular help around your house. Besides, by creating new job positions you will be helping locals to work and provide for their families. What to do? All you and your family have to do is act accordingly to Brazilian law. Not by what you know from your home law, but comply with local, Brazilian law. First advice: do not assume anything! Unlike many other countries, the Brazilian legal labor system does not allow employer and employee to privately negotiate their own set of rules. Labor contracts in Brazil cannot be freely agreed only by parties involved. Labor contracts are considered half-public by law and, due to that, they demand to comply with a set of previously established rules. Even if your maid said or signed that he/she agrees with a particular condition, if it does not comply with the law, they have the right to complain about it before a judge once the contract is terminated. And that is when foreigners really get surprised and overwhelmed! Keep in mind that if you are in Brazil it does not matter if you are a local citizen or not. When it comes to hiring Brazilian household staff all labor rules fully apply to foreign citizens as well. Does Brazilian Law treat all domestic staff the same way? Not really, no. Although in April 2013 a constitutional amendment was passed to give domestic workers the same rights as any other urban employee, only domestic workers that have a continuous working bond with the employer will benefit from this. Cleaners that go to the same house only once or twice a week are not considered as regular domestic workers, but only as someone that informally provides a service. These workers will be guided by a different set of rules. In Brazil, it’s fully legal to employ either a casual or permanent housekeeping. When permanent, it is even legal that the employee lives at the employer’s house if willing to offer free lodging. In this case, however, even more care should be taken. Household staff in Brazil would do all kinds of domestic work. They can not only clean but cook meals and take care of people or pets. You’ll easily find both males and females that would help to labor inside or outside the house as drivers, gardeners, swimming pool cleaners, pet sitters, nurses, nannies, security guards, etc. Considering Brazil’s social and economic condition, there’s a good and constant supply of labor. How to do it? We strongly advise you to get legal help from the beginning of this relation (hiring). But it is important as well to get orientation during the active work period and mainly by its end. Adding to that – do not trust automated apps, google ‘consultations’ and mass web guidance. Choose to be adviced and have your matters handled by a reliable and registered Brazilian attorney at law. This will substantially minimize the risks of a lawsuit, or, if it is inevitable and a claim is filed, it will allow your lawyer to present a consistent and proper defense in Court – to win your case.   por Leticia Calderaro  DISCLAIMER: This article provides only general information, and should not be used as specific legal advice for a particular case.

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