Contrato Doméstico
Autor | Wladimir Novaes Martinez |
Ocupação do Autor | Advogado especialista em Direito Previdenciário |
Páginas | 23-23 |
Page 23
Antes do advento da Lei n. 5.859/72, muitos trabalhadores prestaram serviços para pessoas ou famílias sob um acordo de trabalho informal ou obedecendo aos arts. 1.216 a 1.236 do Código Civil (que eram e ainda são muito gerais e esparsos), sem regulamentos específicos na legislação nacional.
Já existia uma figura curiosa de patrões, que é a república composta por um condomínio de estudantes. Discutia-se a situação dos empregados de mosteiros e conventos, pessoas jurídicas e até mesmo das casas de lenocínio.
Esses vínculos laborais existiam e geravam obrigações e direitos para as duas partes envolvidas, entre os quais o trabalho doméstico e a remuneração.
Quando um dos polos da relação se sentia prejudicado, principalmente o trabalhador, ele buscava a proteção trabalhista na Justiça do Trabalho.
Embora mal definidas, como agora, elas reuniam duas pessoas físicas envolvidas:
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o patrão e b) o doméstico.
Este tipo de contrato é especial. Une duas pessoas, antes estranhas, sendo que uma delas executará trabalhos muitas vezes íntimos da pessoa ou da família. Vai...
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