Having a maid at home implies specific legal responsibilities. Failure to comply with these obligations may result in sanctions ranging from administrative fines to very high values and even criminal liability in cases of non -declared work. Portuguese legislation establishes its own legal regime for domestic work, guaranteeing rights to workers and defining clear duties for employers.
Legal regime of domestic work
As stated by Caixa Geral de Depósitos (CGD), the domestic service contract is regulated by Decree -Law No. 235/92. Among other rules, this diploma expressly provides for the employer to insurer the injunction for occupational accident damage (art. 26 (3)).
This obligation is reiterated in Law No. 98/2009 (Labor Accident Law), whose art. 79 (1) establishes the compulsory insurance system.
Occupational Accident Insurance (Required)
The lack of insurance is a very serious offense (Law 98/2009, art. 171, paragraph 1). Forms are not fixed: vary according to labor code tables (art. 554) and can see their maximum ceiling duplicated for focusing on occupational safety and health (art. 556). In practical terms, the limits depend on the agent’s turnover and the degree of guilt.
Registration and contributions in social security
The employer must register and communicate the domestic worker to Social Security, ensuring the payment of the contributions due. The Institute of Social Security details these procedures in the Practical Guide 1003 as “registration, change and cessation of the domestic service”.
The breach of contributory obligations is punished under the Code of Contributing Regimes (Law 110/2009). In the most severe situations, fines can usually vary between € 1,250 and 6,250 € in cases of negligence, and between € 2,500 and € 1,2500 when there is intent.
When there may be criminal liability (up to 180,000 € of fine)
Since the entry into force of Law No. 13/2023, known as a decent work agenda, failing to communicate the admission of workers has been considered a crime, pursuant to article 106a of RGIT. The infraction can be punished with prison up to 3 years or with a fine up to 360 days, depending on the severity of the case.
For singular persons, the daily rate of the fine ranges from 5 € to 500 €, according to article 47 of the Penal Code, so, in the most extreme scenario, the total amount of the fine can reach € 180,000.
This is a penalty of criminal fine, not an administrative fine, always being the final decision of the court that defines the amount applicable in each concrete situation.
Rights and scope of home work
DL 235/92 defines “home service” and lists typical activities: making meals, cleaning and storage, clothing treatment, surveillance/assistance to children, elderly and sick, gardening, among others.
The essential not to fail
Do not forget to do work accident insurance, which is mandatory. Failure to comply with this obligation is considered a very serious offense, and the fine is applied according to the labor code tables, and may reach higher values when the safety and health of workers are concerned.
It is also important to communicate and pay contributions to social security, both in registration/admission and periodic contributions. Fines for non -compliance with contributory obligations are provided for in the contributory code.
According to the, you should avoid resorting to non -declared work. In certain situations, this practice is considered a crime (Article 106 -A RGIT), with a penalty of a fine of up to 360 days. For singular persons, the law allows the application of a daily rate of up to 500 €.
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