Dear Clients,
In our labour law practice, we have seen a growing number of claims involving carers for the elderly, nannies and household employees. In most cases, the conflict does not necessarily stem from any deliberate conduct by the employer, but from the informality with which ongoing working relationships are still structured within the family home.
Hiring professionals to work in a private residence requires technical care. Supplementary Law No. 150/2015 defines a domestic employee as someone who provides services on a continuous, subordinate, paid and personal basis, for non-profit purposes, to a person or family within the home, for more than two days a week. This category can include nannies, carers for the elderly, cooks, drivers and other professionals hired directly by the family.
The most common claims in these lawsuits include recognition of an employment relationship, registration or correction of the employment record book (CTPS), payment of overtime, night-shift premiums, holiday pay, the 13th-month salary, the FGTS severance fund, termination entitlements and penalties. Particular caution is warranted in elderly-care arrangements, which often involve long hours, overnight shifts, weekend work, and more than one family member taking part in organising or paying for the arrangement.
Informality, in this context, rarely means simplicity: it usually just postpones the cost of formalising the arrangement and increases exposure to liability. The Labour Courts have recognised domestic employment relationships where the legal requirements are met and, depending on the specific circumstances, may examine the liability of family members who benefit directly from the services provided.
We recommend a preventive review of domestic employment contracts and working routines, with attention to eSocial registration, formalising working hours, time records, payment receipts, rest periods and the rules applicable to termination. Our firm remains available to assess specific situations and put in place preventive measures capable of reducing risk and giving greater certainty to the families involved.
Ricardo Petereit
August 10, 2026
