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GUIASBy Bruno Campos de Oliveira

Domestic workers in Brazil: rights under LC 150/2015 (2026 guide)

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Rights of domestic workers in Brazil: who counts as a domestic employee, working hours, overtime, FGTS, the 3.2% indemnity, vacation, 13th salary, unemployment insurance and the difference from day cleaners.

Domestic workers in Brazil: rights under LC 150/2015 (2026 guide) — Human Case Labor Guide
Rights of domestic workers in Brazil: who counts as a domestic employee, working hours, overtime, FGTS, the 3.2% indemnity, vacation, 13th salary, unemployment insurance and the difference from day cleaners.

A domestic employee is someone who works continuously, personally and for pay for a person or family, in a household setting, more than 2 days a week. Since Complementary Law (LC) 150/2015, domestic workers have practically the same rights as other workers, including mandatory FGTS and unemployment insurance.

Quick summary

  • Who is a domestic employee: someone who works more than 2 days a week for the same family, in a non-profit activity.
  • A day cleaner (diarista, up to 2 days a week) has no domestic employment relationship.
  • Minimum age: 18.
  • Working hours: 8h per day and 44h per week; overtime at 50%.
  • FGTS (the Severance Indemnity Fund): 8% + a 3.2% compensatory indemnity, paid through eSocial.
  • Unemployment insurance: up to 3 installments of one minimum wage.

Rights of domestic workers

  • Minimum wage — R$ 1,621.00 in 2026, or the regional minimum, if higher
  • Working hours — 8h per day and 44h per week; a 12x36 schedule is possible by written agreement
  • Overtime — 50% supplement; hour bank with its own rules (the first 40 overtime hours in the month must be paid or compensated within the same month)
  • Break — 1 to 2 hours for meals and rest
  • Night-work supplement — 20% between 10 p.m. and 5 a.m.
  • Vacation — 30 days + 1/3, which can be split into up to 2 periods (one of at least 14 days)
  • 13th salary — under the same rules as other workers
  • FGTS — 8% per month + a 3.2% compensatory indemnity (replaces the 40% penalty)
  • Maternity leave — 120 days, with job security for pregnant workers
  • Unemployment insurance — up to 3 installments of one minimum wage, for those who worked at least 15 of the last 24 months
  • Transportation voucher — with a deduction of up to 6% of salary

Domestic employee vs. day cleaner

  • Domestic employee — Frequency: more than 2 days a week · Relationship: registered through eSocial Doméstico · Rights: all those under LC 150/2015
  • Day cleaner — Frequency: up to 2 days a week · Relationship: no employment relationship · Rights: agreed daily rate; may contribute as an MEI (individual micro-entrepreneur) or self-employed worker

How the employer regularizes the job

  1. Registers the hiring in eSocial Doméstico.
  2. Enters the payroll every month and issues the DAE, a single payment slip that combines INSS (social security), FGTS, the compensatory indemnity and, where applicable, income tax.
  3. Gives the employee a payslip.

On dismissal

  • Without cause: the employee receives the salary balance, notice period, vacation + 1/3, proportional 13th salary and withdraws the FGTS and the 3.2% compensatory indemnity. They can apply for unemployment insurance between the 7th and the 90th day.
  • Resignation or dismissal for cause: the accumulated 3.2% goes back to the employer.

Frequently asked questions

Is a day cleaner entitled to a registered job?

No, if they work up to 2 days a week in the same home. Beyond that, a domestic employment relationship exists.

Are domestic workers entitled to FGTS?

Yes, mandatory since 2015, paid by the employer through the eSocial DAE.

How much is a domestic worker's unemployment insurance?

One minimum wage per installment, for up to 3 months.

Read more in this series

Official sources consulted

  1. Complementary Law 150/2015 — Domestic employees
  2. Federal Constitution — art. 7, sole paragraph
  3. Decree 12,797/2025 — 2026 minimum wage

Informational content, updated in October 2026. This does not replace an individual analysis of your case.

Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.

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