Abstract
Black women and the labor market: a study on domestic workers in Brazil' abstract: ‘In this paper, we present data portraying the situation of black women in the Brazilian labor market and present information about the situation of domestic workers in Brazil: a profession that is mostly carried out by black women. Furthermore, we present the project proposal “Black Women And The Labor Market: A Study On Domestic Workers In Brazil” developed at the Afro Center of the Brazilian Center of Analysis and Planning (Afro Cebrap) with support from the University of Pennsylvania.
Introduction
Domestic work is a fundamental part of Brazilian History and is an unavoidable issue for understanding the relationships and dynamics of the labor market in our country. Based on the enslave system, the worlds of labor through which this profession was configured have reflected profound class, gender and racial inequalities so that black women are increasingly disadvantaged by the impacts of these inequalities. In the final years of the enslavement period and immediately after abolition, the processes of emancipation reconfigured the service sector in different Brazilian urban centers. Black women started losing space in the labor market and occupying more precarious positions in this universe (Silva Santos, 2023). This process contributed to black workers’ focus on this profession, which was only recognized by the Brazilian Government in 2013. According to data released by the International Labor Organization in 2017, Brazil has the largest population of domestic workers in the world, more than half of this contingent is formed by black women.
Despite a century of serious neglect by governments, these women workers have been organizing for decades to fight for labor rights and respond to the discrimination that marks Brazil’s social formation and negatively impacts their lives and those of their communities. In this timeline, you will find a history of these mobilizations and other important milestones for understanding the History of Domestic Work in Brazil. This material is one of the products of the project Black Women and the Labor Market: a Study of Domestic Workers in Brazil, developed by Afro Cebrap and the University of Pennsylvania. Through this initiative, we propose to analyze the legacies of the enslavement regime that still exist in this profession, focusing on São Paulo. Through the study of historical and legislative sources, historiographical and sociological literature, we seek to interpret the failures of labor legislation in recognizing domestic workers as formal workers.
1886 – Domestic Work Regulation Law in São Paulo
On April 21, 1886, the Articles of Ordinance regulating domestic work were published by São Paulo City Council. The text established a model of behavior and conduct for employees and employers. Consequently, it created a class of people in the margins of the newly elaborated norms: undisciplined and insubordinate female and male servants who deserved to be condemned, subject to fines and, in some cases, even sentenced to imprisonment. In general, the law established that servants (domestic employees) had to register in the Police Department’s registry book and that this working relation had to be established through an employment contract. Even though the law recognized mistreatment and the lack of wage payment as an infraction, the worker could get a justifiable discharge if he/she fell ill, left home at night without the employer’s authorization, performed acts against “moral customs” and, in the case of women, if they were single and got pregnant without any husband in prospect.
1888 – Abolition of Enslavement
On May 13, 1888, the Lei Áurea was enacted, putting an end to more than three hundred years of enslavement in Brazil. This process was the result of the erosion of the enslavement system caused by individual and collective struggles for freedom that were expressed through enslaves rebellions, various abolitionist movements, collective escapes, among other actions. When the abolition of enslavement took place only 15% of the black population was enslaved. It shows the great impact of movements for the liberation of enslavement systems throughout the period that it was in force, especially in the 19th century.
1889 - Republic’s Proclamation Day
The Proclamation of the Republic was the result of a series of processes, including the discontentment of farmers who did not receive compensation for the abolition’s financial impacts. Land and plantation owners organized themselves in political spaces such as parliament to pressure the government to compensate them for the money “loss” that came along with abolition, but the effort was not successful. This led elites to position themselves against the monarchy and claim themselves as republicans.
1931 – Promulgation of the Law of March 19, 1931 that regulated the unionization of the employers and working classes
On March 19, 1931, the provisional government of the Republic of the United States of Brazil enacted Decree No. 19,770, which determined the rights of workers’ union organizations and employers. Domestic workers were not considered part of the class of employees and it was determined by law that regulations for them should be created aside.
1933 – Paid annual leave recognized as workers’ right
On August 19, 1933, the Republic of the United States of Brazil provisional government determined the granting of annual vacations to workers employed in commercial establishments, banks and private institutions through the enactment of the Decree no. 23,103. Domestic workers were not included.
1934 – Establishment of the Minimum Wage
Article 121 of the Constitution of 1934 regulated the minimum wage for workers, but domestic workers were not included.
1936 – Foundation of the first Association of Domestic Workers in Brazil
Faced with a context of exclusion of worker rights and precarious conditions for domestic work, Laudelina de Campos Melo founded the first association of domestic workers in Brazil to demand equality for their category when compared to other types of workers.
1942 – The Beneficent Association of Domestic Workers of Santos (Associação Beneficente das Empregadas Domésticas de Santos) was closed by order of the Vargas government
After 6 years of operation, the association was closed by the repressive forces of the Estado Novo. The organization was reopened in 1946.
1943 – Promulgation of the Consolidation of Labor Laws – CLT
On May 1, 1943, Getúlio Vargas promulgated the Consolidation of Labor Laws (Consolidação das Leis do Trabalho – CLT). The law ratified labor rights and established norms to regulate individual and collective labor relations. Article 7 of the CLT determined that the rules would not be applied to domestic workers.
1946 – Brazilian Workers’ Union Congress
On September 11, 1946, the Brazilian Workers’ Union Congress took place in São Paulo and on that occasion Laudelina de Campos Melo and Clícia Ambrósio (representative of the domestic employees in the city of São Paulo) participated in the event to demand an extension of the right to unionization to domestic workers as well.
1949 – Enactment of Law No. 605
On January 15, 1949, the law that established paid weekly rest and extra pay for days worked on civil and religious holidays was published. Once again, domestic workers were not included.
1961 – Foundation of the Domestic Workers Association in Campinas (Associação das Empregadas Domésticas em Campinas)
In 1961, Laudelina de Campos Melo collaborated in the founding of the Domestic Workers Association in Campinas and became president of the Institution. The organization was based at the Sindicato da Construção Civil de Campinas. In addition to being a space for organizing the category, the association was also a leisure space, where dances, parties and other activities took place.
1964 – Military Coup
In April 1964, the military dictatorship period began and it lasted for 21 years, until 1985. During this period, Brazil went through five military mandates and the instauration of sixteen institutional acts (regulations that overruled the federal constitution). The period was marked by the political persecution of the regime opponents and in terms of racial ideology, the myth of racial democracy was propagated. The Associação Profissional Beneficente das Empregadas Domésticas de Campinas was not closed, as was the case of political organization spaces for other professional categories. However, the Association had to act more focused on the field of education.
1968 – 1st National Congress of Domestic Workers (1° Congresso Nacional das Trabalhadoras Domésticas)
On that occasion, 44 domestic workers representing nine units of the Federation met in São Paulo and they drafted a project for a law with the aim of bringing domestic workers into line with other categories of workers, focusing on regulating the profession and achieving social security rights.
1972 – 2nd National Congress of Domestic Workers (2° Congresso Nacional das Trabalhadoras Domésticas)
Held in Rio de Janeiro, the theme of the congress was “domestic workers and legislation”.
1972 – Association of domestic workers demands regulation for the profession from the government
In July 1972, some associations of domestic workers in Brazil sent a petition to President Emílio Garrastazu Médici demanding regulation for the profession.
1972 – Enactment of Law 5,859
On December 11, 1972, the law that guaranteed domestic workers registration on the Workers Registry Notation book (Carteira de Trabalho), access to Social Security services and paid annual leave was enacted. The regulations prohibited deductions from employees’ salaries due to the provision of clothing, food and hygiene products. Despite being a major advance, the law made it legal to deduct from wages any housing expenses that were “agreed” between the parties. In addition, domestic workers have not been granted rights such as regulation of working hours, overtime pay, etc.
1976 – 3rd National Congress of Domestic Workers (3° Congresso Nacional das Trabalhadoras Domésticas)
Held in Belo Horizonte, the theme of the congress was “Social Security and domestic workers”. After this meeting, domestic workers delivered to the Minister of Labor at that time, Arnaldo Pietro, a complaint text that focused on reporting the non-application of labor laws for the category. The domestic workers alleged difficulties in registering with the social security agencies and demanded the regularization of a 10-hour working day, a minimum daily break of one hour and a maximum of two hours, insurance to cover accidents at work, a minimum wage, thirteenth salary, weekly rest, a 30-day trial contract, prior notice, family allowance, well-established work assignments, protection of minors, employer responsibility for the educational, physical, intellectual and moral development of female employees, guarantee of hygiene and safety conditions at work, the right not to handle objects and purchases weighing more than 20 kilos and a 25% wage increase for night shifts.
1981 – 4th National Congress of Domestic Workers (4° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place in Porto Alegre and the theme of the congress was associationism and the situation of underage domestic workers. Political debates moved towards defining the need to build in a discourse that would consolidate the representation of a domestic worker as a formal worker. The congress was attended by 17 delegations with four representatives in each one of them, approximately. Many of the attending workers in that congress had been political activists in the 1960s. The main topics discussed at the meeting were the organization of the category, professionalization, the contractual relationship between employer and employee, recognition of the profession in the CLT and the strengthening of domestic workers’ associations to achieve unionization. The human and personal appreciation of domestic workers were also on the agenda.
1985 – 5th National Congress of Domestic Workers (5° Congresso Nacional das Empregadas Domésticas)
On that occasion, Brazilian domestic workers gathered together in the city of Recife, in the state of Pernambuco, and created the National Council of Domestic Workers (Conselho Nacional de Trabalhadores Domésticos – CTND). The organization was created to publicize the rights of domestic workers and to fight for labor rights. The Council had representatives of all the states of Brazil and thus aimed to bring together unions and associations of domestic workers.
1987 – National Constituent Assembly (Assembleia Nacional Constituinte)
As the military dictatorship eroded and led to the opening of democracy, in 1987, the Assembleia Geral Constituinte was formed – a state body representing different political forces, in an extraordinary and temporary feature, receiving the task of drafting a Federal Constitution. This group played an important role in the transition from the military dictatorship to the republican regime and included the participation of representatives of the domestic workers’ movements, such as Lenira Maria de Carvalho, Nair de Castro Gomes, Creuza de Oliveira and Benedita da Silva – being a federal deputy at the time, she was a former domestic worker and the only black woman who served on the board of directors of the Assembleia Constituinte. These women were part of working groups, meetings and debates. They were part of committees and subcommittees, including the Subcommittee on Workers’ and Civil Servants’ Rights (Subcomissão dos Direitos dos Trabalhadores e Servidores Públicos). On that occasion, they presented a letter to the president of the National Constituent Assembly, Ulysses Guimarães, with the main proposals and demands of domestic workers: greater equality with other professional categories and full access to social security rights.
1987 – Foundation of The National Federation of Domestic Workers (Federação Nacional de Trabalhadores Domésticos – Fenatrad)
On May 25, 1987, the Extraordinary National Congress of Domestic Workers (Congresso Nacional Extraordinário de Trabalhadores Domésticos) took place in the city of Campinas and at that moment Fenatrad was founded. The organization’s first elected president was Ana Semião. Since then, Fenatrad functions as a national representative body that meets the demands of all domestic workers in Brazil.
1988 – Citizen Constitution
On October 5, 1988, Brazil’s new Magna Carta was promulgated – the Constituição Cidadã – and it ensured the expansion of collective and individual freedom, as well as more egalitarian rights for vulnerable populations and workers. The text presented 34 sections on the rights of urban and rural workers, so that only nine covered the rights of domestic workers. They included the right of a 13th salary and 120-day maternity leave. They were still not incorporated into the category of workers, even though Article 7 of the Constitution guaranteed rights such as a 13th salary, unionization, paid weekly rest, annual paid leave plus an increase of ⅓ of the salary, maternity leave, paternity leave, prior notice, retirement and inclusion in social security. The Guarantee Fund for Length of Service (FGTS) was optional and higher remuneration for night shifts was not guaranteed.
1988 – Foundation of the Latin American and Caribbean Confederation of Household Workers (CONLACTRAHO)
Along with domestic workers from Guatemala, Argentina, Costa Rica, Bolivia, Colombia and Chile, Brazilian domestic workers participated in the foundation of CONLACTRAHO in 1988. The organization was a decisive mechanism for domestic workers movements to be able to spread their agendas internationally. The Confederation’s main demands were the status recognition of formal workers for domestic workers, the legal right to a minimum wage, full access to social security and the right to unionize. By means of this network, the domestic workers’ movement had access to funding from international organizations such as the International Labor Organization (ILO) and UN Women.
1988 – 1st National Meeting of Brazilian Black Women (1º Encontro Nacional de Mulheres Negras)
In December 1988, the meeting took place in the city of Valença, in the state of Rio de Janeiro. 450 black women from 17 states in Brazil came together to discuss issues related to the condition of black women that were not adequately addressed within the feminist and the black movements. Their main standpoints were the reflections on the centenary of abolition, the fight against the myth of racial democracy, the denouncing of racism and the fight against it. These women dedicated themselves to deepening the discussion on how inequalities of race, gender and class negatively impact women’s lives. Domestic work held an important place in these debates.
1989 – 6th National Congress of Domestic Workers (6° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place in Campinas, in the state of São Paulo, from January 19 to 22, 1989, with the theme ‘Union, Organization, Fight’. 157 domestic workers took part in the congress, including Laudelina de Campos Melo. The objectives of the congress were: to evaluate and discuss the role of domestic workers in society, to raise awareness among domestic workers about labor rights and to guarantee the safety of domestic workers in the struggles of the category.
1989 – The Beneficent Professional Association of Domestic Workers of Campinas (Associação Profissional Beneficente das Empregadas Domésticas de Campinas) becomes a union
After a period of closure in the 1970s and its reopening in 1983, the Beneficent Professional Association of Domestic Workers of Campinas was transformed into a union based in the house where Laudelina de Campos Melo lived in the city of Campinas. The property was donated by the leader of the movement to the Sindicato das Empregadas Domésticas.
1991 – 2nd National Meeting of Brazilian Black Women (2º Encontro Nacional de Mulheres Negras)
The meeting took place in the city of Salvador and brought together black activists from all over the country. Figures such as Benedita da Silva were at the gathering and domestic work permeated the discussions.
1992 – First Meeting of Afro-Latin American and Afro-Caribbean Women (1° Encontro de Mulheres Negras da América Latina e do Caribe)
The meeting took place in the Dominican Republic and the position of black women in the labor market as well as domestic work were debated topics at the gathering.
1993 – 7th National Congress of Domestic Workers (7° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place in the city of Rio de Janeiro and focused on the profile of domestic workers at the time. Among the main issues discussed were reflections on the multiple working hours of domestic workers in their employers’ homes and in their own homes, the engagement of domestic workers in the movement and the difficulties of maintaining unions.
2001 – 8th National Congress of Domestic Workers (8° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place in Belo Horizonte, between April 27th and 29th and the theme was ‘Equality in the fight and equalization of rights’. On the occasion, they discussed Fenatrad’s affiliation with the Unified Workers’ Central (Central Única dos Trabalhadores – CUT) and with the National Confederation of Commerce and Service Workers (Confederação Nacional dos Trabalhadores do Comércio e Serviço – CONTRACS), and also the mobilizations to support a law project presented by Benedita da Silva (Federal Deputy at the time) that would establish the Guarantee Fund for Length of Service (FGTS) as a mandatory right for the category.
2002 – Launch of a study on the situation of domestic workers in Latin America
The study was funded by the Ford Foundation and released as a pamphlet by the Confederation of Domestic Workers of Latin America and the Caribbean.
2003 – Fenatrad joins the National Council for Women’s Rights (Conselho Nacional da Mulher – CDNM)
Created in 1985, the National Council for Women’s Rights (CDNM) works to promote public policies focused on mitigating gender discrimination, guaranteeing women’s participation in political, economic and cultural activities in Brazil. Fenatrad’s entry into the organization placed the debate on the condition of domestic workers on the Council’s agenda.
2003 – Establishment of the Special Office for the Promotion of Racial Equality Polices (Secretaria Especial de Políticas de Promoção da Igualdade Racial - SEPPIR)
On March 21, 2023, SEPPIR was created, a secretariat with the status of ministry whose aim was to incorporate the fight against racism into government policies by articulating all ministries along with federal, state and municipal bodies. SEPPIR’s first minister was the social worker Matilde Ribeiro, a black woman, daughter of the domestic worker Joselina Roberto Ribeiro. Throughout her administration, Matilde Ribeiro implemented programs to expand the rights of domestic workers.
2005 – ILO organizes a seminar with CONLACTRAHO to discuss the participation of domestic workers in union structures
On that occasion, it was agreed that a specific ILO convention would be held to discuss domestic work as a way of putting pressure on national states and making progress in gaining rights.
2006 – 9th National Congress of Domestic Workers (9° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place in Salvador, in the state of Bahia.
2006 – Launch of the Citizen Domestic Work program (Trabalho Doméstico Cidadão)
A project created to support the studies of domestic workers who did not have completed elementary education. The program also offered courses for professionalization and professional qualification, covering first aid, caring for the elderly, among other fronts. This initiative was terminated in 2011 and, currently, Fenatrad has been carrying out efforts for the federal government to resume its activities.
2010 – International Labour Conference
The 99th edition of the International Labor Conference discussed decent work for female and male domestic workers with the intention of valuing and strengthening respect for the rights of domestic workers.
2011 – 10th National Congress of Domestic Workers (10° Congresso Nacional das Trabalhadoras Domésticas)
The city of Recife, in the state of Pernambuco, hosted the congress from September 15 to 18. 120 domestic workers attended the congress, which focused on the analysis of the national and international situation of domestic workers, the debate on the realities of domestic workers in union organization, strategies for promoting decent domestic work, and sexism, among other topics.
2013 – Formalization of the International Domestic Workers Federation
Since then, the activities of the global organization which works to defend the rights of domestic workers in different regions of the world have started.
2013 – Proposal of Constitutional Amendment for Domestic Workers (PEC das domésticas)
On April 2, 2013, the Constitutional Amendment 72 established equal labor rights between domestic workers and other urban and rural workers. This action generated strong reactions from most employers who were not willing to pay labor rights for domestic workers and treated the profession as an inferior profession compared to others.
2015 - Regulation of the PEC das domésticas
The Proposal of Constitutional Amendment for Domestic Workers left some rights of domestic workers pending, such as the night shift bonus, the mandatory payment of Guarantee Fund for Length of Service, unemployment compensation, family allowance, daycare and pre-school assistance, insurance against accidents at work and compensation in the event of a non-justifiable discharge. Therefore, the Complementary Law No. 150 guaranteed these rights to the category.
2016 – 11th National Congress of Domestic Workers (11° Congresso Nacional das Trabalhadoras Domésticas)
The congress took place between September 21st and 25th in Rio de Janeiro and had the 189th ILO convention as the main subject of their discussions. Furthermore, they discussed the organization of domestic workers struggle for rights in Brazil and around the world, the actual achievements of labor rights and full access to social security, difficulties in union representation, the national and international political situation, racism, the position of women in the labor market, domestic violence, health, among other topics.
2017 – Labor Reform
This was marked by the deregulation of the labor market and the weakening of the CLT, the labor reform made the labor market more flexible, changing the rules regarding remuneration, career plans, working hours and relations between workers and employers.
2018 – Brazil ratifies ILO 189th Convention
In a context of great setbacks in labor rights and the regulation of domestic work, the Brazilian government signed ILO 189th convention, aiming to promote decent work for domestic workers.
Referências Bibliográficas:
ACCIARI, Louisa. Uma “segunda abolição”? A luta das trabalhadoras domésticas por direitos iguais e a descolonização do trabalho. In: FREIRE, Jonis; CARULA, Karoline (orgs). Raça, gênero e classe: trabalhadores livres e escravizados no Brasil. Rio de Janeiro: Mauad X, Faperj, 2020.
BERNARDINO-COSTA, Joaze. Sindicatos das trabalhadoras domésticas no Brasil: teorias da descolonização e os saberes subalternos. Tese (Doutorado em Sociologia), Universidade de Brasília, 2007.
GONÇALVES, Renata. Trinta anos do I Encontro Nacional de Mulheres Negras: uma articulação de gênero, raça e classe. Lutas Sociais, São Paulo, vol. 22, n° 40, p. 9-22, jan/jun de 2018.
GONZÁLEZ, Lélia. Por um feminismo afro-latino-americano: ensaios, intervenções e diálogos. Rio de Janeiro: Zahar, 2020.
BENEVIDES, Laura Tereza; CRUZ, Luísa; ARAÚJO, Anna Bárbara; MATIAS; Krislane de Andrade. Negociação coletiva no trabalho doméstico no Brasil: o caso da convenção coletiva de trabalho do sindicato dos trabalhadores domésticos do município de São Paulo. In; PINHEIRO, Luana; TOKARSKI, Carolina Pereira; POSTHUMA, Anne Caroline. Entre relações de cuidado e vivências de vulnerabilidade: dilemas e desafios para o trabalho doméstico e de cuidados remunerado no Brasil. Brasília: IPEA, 2021.
SANTOS, Ana Cristina Conceição. O II Encontro Nacional de Mulheres Negras pelo olhar das ativistas baianas. Gênero, Niterói, v. 17, p. 7-25, 2° sem, 2016.
SCHWARCZ, Lilia Moritz; GOMES, Flávio (orgs). Dicionário da escravidão e da liberdade: 50 textos críticos. São Paulo: Companhia das Letras, 2018.
SILVA SANTOS, Taina. Mulheres negras, mercado de trabalho, racismo e sexismo (Campinas, 1876-1892). Dissertação (mestrado em História). Unicamp, 2023.
________. Em defesa da imagem, da autoestima e da dignidade de mulheres e meninas negras: mercado de trabalho em pauta no acervo de Geledés. Cadernos Afro Memória, v. 2, p. 31-37, 2023.
TELLES, Lorena Féres da Silva. Libertas entre sobrados: mulheres negras e trabalho doméstico em São Paulo (1880-1920). São Paulo: Alameda, 2014.
SOUSA, Juliana. O XI Congresso Nacional das Trabalhadoras Domésticas e a luta por Direitos no Brasil. Mundos do Trabalho, vol. 10, n° 20, julho/dezembro de 2018, p. 61-80.
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