Social Security Benefits for Domestic Workers

This page is a translation of the original Portuguese text, provided for convenience. It deals with Brazilian law. If there is any discrepancy, the Portuguese version prevails. Read the original in Portuguese

Domestic workers are entitled to all of the social security benefits guaranteed by Law 8.213/91 and Constitutional Amendment 72/2013. For this category of workers, it is essential to know the specific rules for making contributions and obtaining these benefits.

How domestic workers’ social security rights have evolved

The social security rights of domestic workers in Brazil have undergone significant changes. Until 2013, enrollment in the INSS (Brazil’s National Social Security Institute) was mandatory, but domestic employers were not required to pay into the FGTS (Brazil’s Severance Indemnity Fund for Employees), and social security contributions were often irregular because of a lack of enforcement.

Constitutional Amendment 72/2013, known as the “Domestic Workers’ Amendment” (PEC das Domésticas), placed domestic workers on an equal footing with other urban and rural employees. Complementary Law 150/2015 regulated these rights and created the Simplified Domestic Employer System (eSocial Doméstico) to consolidate the payment of INSS contributions, FGTS deposits and income tax into a single payment.

Note that, beginning in October 2015, social security contributions must be paid through eSocial (Brazil’s online platform for employment and tax reporting). This has significantly improved how regularly contributions are paid for this category of workers and has made it easier to obtain INSS benefits.

Retirement for domestic workers

Domestic workers are entitled to retirement by age under the same conditions as other insured employees. Under the Pension Reform, the requirements are 62 years of age and 15 years of contributions for women, and 65 years of age and 20 years of contributions for men.

Domestic workers who were already contributing before the Reform are covered by the transition rules of EC 103/2019 (points, progressive age, and a “toll” of additional contribution time). Choosing the most advantageous rule depends on how much contribution time you have accumulated and on your age.

The social security rights of domestic workers in Brazil have undergone significant changes.

Note that many domestic workers have periods of work with no formal record, especially before 2015. Having a court recognize those periods as contribution time can be critical to meeting the retirement requirements, as long as the employment relationship is proven.

Disability benefit and maternity pay

Domestic workers are entitled to the temporary disability benefit (auxílio-doença) when illness or injury prevents them from working for more than 15 consecutive days. The minimum contribution period (carência) is 12 monthly contributions, except in cases of accidents and serious illnesses listed in the law.

Unlike other employees, domestic workers receive the disability benefit directly from the INSS starting on the first day of leave. The employer does not pay the first 15 days, as happens with employees of companies. This rule is set out in Article 72, paragraph 3, of Law 8.213/91.

A domestic worker’s maternity pay (salário-maternidade) is paid directly by the INSS, with no minimum contribution period, for 120 days. The amount equals the last contribution salary recorded in eSocial. This benefit is guaranteed by Article 73, item I, of Law 8.213/91 and was fully preserved by Complementary Law (LC) 150/2015.

Survivor’s pension, imprisonment benefit and accident benefit

The dependents of a domestic worker are entitled to a survivor’s pension under the same conditions as the dependents of other insured workers. There is no minimum contribution period. The worker only needs to have had insured status on the date of death. The rules on duration and amount follow EC 103/2019.

The imprisonment benefit (auxílio-reclusão) is also owed to the dependents of a domestic worker who is imprisoned in a closed regime, as long as the insured person’s monthly income does not exceed the legal limit (R$ 1.901,19 in 2026). The accident benefit (auxílio-acidente), in turn, is guaranteed to a domestic worker who suffers an accident that leaves a permanent impairment reducing their capacity to work.

Note that, before LC 150/2015, domestic workers were not entitled to the accident benefit or to mandatory FGTS deposits. Equal treatment brought this category complete social security protection, including workers’ compensation insurance against workplace accidents, which the employer pays through eSocial.

Contributions and regularizing past periods

The employer is responsible for paying a domestic worker’s social security contributions and must pay them monthly through the DAE (the eSocial payment slip). The employer’s rate is 8% of the salary, and the employee’s rate ranges from 7.5% to 14%, depending on the salary bracket.

For periods before eSocial (before October 2015), the employment relationship is proven by a signed work card and by contribution payment booklets (GPS). Periods with no record can be recognized in court through documentary evidence and witness testimony.

Note that contributions that are overdue for domestic work periods can be regularized when the employment is recorded in the CTPS (Brazil’s Work and Social Security Card) but the employer did not pay the contributions. In that situation, the INSS must count the period as contribution time, because the employer is responsible for paying the contributions, and the worker cannot be harmed by the employer’s default.

FGTS and unemployment insurance for domestic workers

Since LC 150/2015, domestic workers have been entitled to the FGTS (8% of salary, deposited monthly) and to unemployment insurance if they are dismissed without just cause. A domestic worker’s unemployment insurance is paid in up to three installments, each equal to one minimum wage, under Article 26 of LC 150/2015.

Domestic employers also pay a 3.2% rate into a compensatory severance fund (equivalent to the 40% FGTS penalty), deposited monthly. If the worker is dismissed without just cause, the worker withdraws the FGTS balance plus this severance fund.

Note that access to unemployment insurance requires meeting specific requirements: having worked as a domestic worker for at least 15 months in the last 24 months, being enrolled in the FGTS, and not receiving any other social security benefit (except a survivor’s pension and the accident benefit). You file the request at Ministry of Labor offices or through the Digital Work Card app.

Frequently Asked Questions

What social security contribution does a domestic employer pay?

A domestic employer pays 8% of the worker’s salary to the INSS, plus 0.8% for workplace accident insurance and 3.2% for the compensatory severance fund, for a total of 12% in employer charges. The employee’s contribution ranges from 7.5% to 14%, is deducted from pay, and is paid by the employer through eSocial.

How can an informal domestic worker regularize their situation with the INSS?

A domestic worker with no formal record can ask a court to recognize the employment relationship, presenting evidence such as witnesses, messages, proof of payment and photos. Once the relationship is recognized, the INSS must count the period as contribution time, even if the employer never paid the contributions.

Are domestic workers entitled to special retirement?

As a rule, no. Special retirement requires habitual and permanent exposure to harmful agents, which does not normally occur in domestic work. Domestic workers follow the general rules for retirement by age or by contribution time, depending on their contribution history.

As informações deste artigo são de caráter informativo e não substituem consulta jurídica individualizada. Cada caso possui particularidades que exigem análise específica.