Novos direitos das domésticas começam a valer nesta quarta-feira
Passam a valer a jornada de trabalho de 44 horas semanais, com o limite de 8 horas diárias, e o pagamento de hora extra correspondente a, no mínimo, 20% do valor da hora trabalhada
Agência Brasil
Está prevista para esta terça-feira (2) a promulgação da Proposta de Emenda Constitucional (PEC) das Domésticas, aprovada em segundo turno pelo Senado na última semana. Com a publicação da emenda nesta quarta-feira (3), no Diário Oficial da União, passam a valer a jornada de trabalho de 44 horas semanais, com o limite de 8 horas diárias, e o pagamento de hora extra correspondente a, no mínimo, 20% do valor da hora trabalhada, segundo a Consolidação das Leis do Trabalho (CLT).
Outros pontos da PEC, referentes a pagamento de seguro-desemprego, Fundo de Garantia do Tempo de Serviço (FGTS), adicional noturno, seguro contra acidentes de trabalho, salário família e auxílio-creche, por exemplo, ainda dependem de normatização. De acordo com o ministro do Trabalho e Emprego, Manoel Dias, as normas pendentes na proposta devem sair em cerca de 90 dias.
O debate sobre o que ocorrerá no mercado de trabalho a partir da vigência da PEC não é consensual. Ainda há dúvidas entre os trabalhadores e o debate entre os empregadores é intenso.
Para que empregados e empregadores se adaptem aos novos direitos e deveres decorrentes da PEC, advogados trabalhistas sugerem a elaboração de contratos, para tentar minimizar qualquer possível litígio entre as partes.
Para a ministra do Tribunal Superior do Trabalho (TST), Delaíde Miranda Arantes, ex-empregada doméstica, a ampliação dos direitos desses trabalhadores será uma questão de adaptação entre os empregados e os empregadores.
Para o ministro Manoel Dias, a extensão das leis trabalhistas aos domésticos não irá gerar desemprego. A mesma avaliação foi feita pela Secretaria de Política para as Mulheres (SPM).
O presidente da Associação Nacional dos Magistrados da Justiça do Trabalho (Anamatra), Renato Henry Sant’Anna, disse, em nota, que a aprovação da PEC é um avanço por conceder a esses trabalhadores os mesmos direitos dos demais.
Já o consultor em emprego doméstico, Mario Avelino, faz uma projeção negativa e avalia que a PEC será nociva e gerará a perda de mais de 800 mil postos de trabalho caso não haja algum tipo de desoneração na folha de pagamentos dos empregadores.
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