Domestic work relations are subject to a special regime, stipulated in Decree-Law No. 235/92 of October 24.
However, as it has been explicitly clarified now – with the recent changes in labor legislation – in everything that is not stipulated in the aforementioned system, the rules of labor law.
Among the aforementioned changes, which are expected to enter into force in April 2023, the introduction of new requirements regarding the hiring of a domestic worker should also be highlighted – which strengthens the protection of the latter.
From the outset, the maximum normal working period for domestic service workers, until then at 44 hours a week, was capped at 40 hours a week (thus approaching the general regime laid down in the Labor Code).
It was also decided that domestic service workers (with no restrictions on full-time home or non-dwelling workers) are entitled, without prejudice to wages, to enjoy the holidays provided for in the Labor Code.
On the other hand, it also follows from the amendments made that in cases where the contract ends (by expiration) based on verification of the employer’s apparent economic inadequacy or based on a fundamental change in the conditions of the employer’s family life immediately and practically it is impossible to continue the employment relationship, The latter will have to inform the employee, accompanied by the reasons behind it, at least:
7 days – if the contract lasts up to 6 months.
15 days – if the contract lasts from 6 months to 2 years;
30 days – if the contract lasts more than two years.
Moreover, it expressly includes, as a reason for termination of the contract, by the worker, the practice of harassment by the employer or other family members or by other workers. In this case, if just cause is recognized, the worker is entitled to compensation in an amount equivalent to one month’s wages for each full or part year of service.
Finally, it should be noted that the provision regarding the criminalization of failure to inform workers of their acceptance into Social Security also applies within the scope of the domestic service contract.
This means that employers who do not inform Social Security of accepting domestic workers, within six months after the end of the legally established period, will be (also) punished with imprisonment of up to three years or a fine of up to 360 days.
Eduardo Castro Marquez, Attorney at Dower Law Firm
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