Needed Help about Maid Situation Trying to Put me into Problem

John Medros Member

Member since 19 September 2022

John MedrosMember05 August 2024 18:12:31

聽 Hello everyone

聽 Please聽 i need help and advice concerning a lady maid working for my family

聽 My wife approach a neighbor in 2019 living close to our house to ask we need

House maid as we just move in and was just like 1year and half in brazil.

So she introduce to us her daughters close friend that she can be working

for Us then we ask her about should we sign a contract she said no.

and with us everything's was fine not knowing she just been pretending all

this years we just like we have family here sometimes she didn't come to work

due to her family issue there was a time her mother was diagnose with cancer

for like 6 months she's not regularly we have to get someone else to be

assisting because we felt so much sorry for her my wife have to be paying Uber taking her mother to hospital

so she can stop using public transport due to her condition.

聽 we have done alots for this woman in terms of assisting. Bought her TV given some kind of present.and every year we聽 keep increasing her salaries there's sometimes my wife and son travel for like 1month and other time they travel also for 3 weeks But we still聽 paid her full salary end month because she come like 1 or 2 times in one week. Not until June this year she said want to quit that she need Ferias Money that all this while she been with us we never give her ferias

聽 but we ask her you never mention about this Ferias .even you told us about

13th salary every December we always paid to her why did you have to wait

all this while to talk about Ferias which we have know idea about such

as we not Brazilian. Yes we made mistake about not getting her signed contract

or get lawyer involve we just new in Brazil. But now we need help and solution to solve with this lady.

When her mother died this Year from the cancer we still gave her some money

for funeral. gave her off to come back to work when she's feels ok. and paid her

salary and she went for 2 weeks come back that she's feeling depression sitting

home yet when month end we paid her full salary.

Would be happy if someone can help or give some advice to solve this issued

Thank you.

Droplover Contributor

Member since 20 February 2018

DroploverContributor05 August 2024 18:28:08

132

Tricky situation.聽 My husband works fulltime in Brazil.聽 He gets equivalent to 13th month.聽 He gets 1/2 when he takes his yearly vacation and the other 1/2 in December.聽 I've not heard of both.聽 It sounds like you have gone above and beyond and I hate to say this but sometimes people do start taking advantage of you if you are generous.聽 In addition Brazilians often think all gringo's are rich.......聽 Good luck.聽 The lawyer is definitely a good idea and maybe talk to Brazilian friends and get their advice.

GuestPoster376 Guest

GuestPoster376Guest05 August 2024 18:35:30

Option #1 - You could pay her after she signs a document terminating her services, which also clearly indicates the amount of money she was paid. It should also state she removes you from any further obligation for payment. However, this proves you paid someone informally, which may be illegal and/or open you to fines and/or prosecution.

Of course I'd talk to a lawyer who does labor law and if I were you I'd go find one yesterday.......because........

As this was an informal under the table arrangement, I can guarantee you she did not pay tax, so, you've got to determine, with the help of said lawyer, what is your risk versus hers, if either of you decides to escalate.

Option #2 - I'm not a lawyer, and this is not legal advice, but, I'd ask her for proof she paid taxes all these years first. That alone might make her go away......after all you can tie her request for more money to someone who was ONLY normally and contractually employed, which she was not.

Peter Itamaraca Serial 暗网禁区

Member since 08 May 2023

Peter ItamaracaSerial 暗网禁区07 August 2024 09:29:37

833

@John Medros

Sorry, but categorically you are in the wrong. That is not from me, but from employment law, as you are the employer.

A few years ago a law was introduced banning the employment of maids, etc, in a casual capacity, such as you describe. Although it does occasionally happen, you have to be very careful, and Brazilians are very wary now. You must now employ them legally, pay all their taxes, benefits, etc, or employ through an agency.

A contract would not have removed you from your responsibilities to pay her over the legal minimum wage for the job, 30 days holiday pay聽 annually, a 13th salary, taxes, transport costs, uniform costs, food allowance, and all the safety equipment that she may possibly require (as a labor tribunal may see fit, whether you think she needs it or not) such as goggles, ear protectors, etc!

I would suggest she is preparing to take you to a labor tribunal, and 99% of the time they find for the employee. You will receive fines and have to pay her compensation, probably coming to several thousands of reais (good news, the max is still, I believe, R$30,000).

This is why Brazilians often let casual staff go within 6 months, and find someone new, even if the first person was doinmg a good job.

Solution - find an attorney and negotiate a deal to settle with her. Next time take great care, or better still, employ someone legally.