Salário de Contribuição
Autor | Wladimir Novaes Martinez |
Ocupação do Autor | Advogado especialista em Direito Previdenciário |
Páginas | 54-54 |
Page 54
A LC n. 150/15 pouco tratou da base de cálculo da contribuição previdenciária e dos depósitos do FGTS do doméstico, possivelmente julgando que, no que coubesse, deveria ser observado o PCSS.
Diz o art. 28 da Lei n. 8.212/91 ser o salário de contribuição:
I - para o empregado e trabalhador avulso: a remuneração auferida em uma ou mais empresas, assim entendida a totalidade dos rendimentos pagos, devidos ou creditados a qualquer título, durante o mês, destinados a retribuir o trabalho, qualquer que seja a sua forma, inclusive as gorjetas, os ganhos habituais sob a forma de utilidades e os adiantamentos decorrentes de reajuste salarial, quer pelos serviços efetivamente prestados, quer pelo tempo à disposição do empregador ou tomador de serviços nos termos da lei ou do contrato ou, ainda, de convenção ou acordo coletivo de trabalho ou sentença normativa.
Tratando em particular do doméstico reza o inciso II:
II - para o empregado doméstico: a remuneração registrada na Carteira de Trabalho e Previdência Social, observadas as normas a serem estabelecidas em regulamento para comprovação do vínculo empregatício e do valor da remuneração.
Antes da LDD, o art. 211 do RPS dizia que:
A contribuição do empregado domestico é de doze por cento do salário de contribuição do empregado doméstico a seu serviço.
O que não explicava muita coisa quanto a hipótese de...
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