Chamber approves MP base text that changes food stamps after retreat on cash payment

The Chamber of Deputies approved this Wednesday (3) the basic text of the provisional measure that changes the rules on the payment of food aid, after the rapporteur retreated in relation to the device that allowed the payment of cash to workers.

The basic text was approved by 248 votes in favor and 159 against. Deputies will now vote on proposed amendments. Afterwards, the MP goes to the Senate and needs to be voted on by the end of this week so it doesn’t lose its validity.

The report by Paulinho da Força (Solidariedade-SP) also provides for the possibility of transferring the residual balance of union dues to centrals in proportion to the representativeness requirements established by law. Paulinho is honorary president of Força Sindical and was chosen MP’s rapporteur for the proximity he has with the mayor, Arthur Lira (PP-AL).

The original text sent by the government had as its main objective to prevent the food stamp resources from being used for other purposes.

During the proceedings, Paulinho da Força considered including a device that provided for payment in cash or liquid resources, and not just in the food voucher cards made available by the companies. The measure provoked a reaction from several sectors, in particular commercial establishments, who argued that the benefit would no longer be used to purchase food.

The MP says that the amounts paid by the company should be used to pay for meals in restaurants and similar or for the purchase of foodstuffs in commercial establishments.

The employer, when hiring a company to supply the food stamps, cannot demand or receive any type of discount or imposition of discounts on the contracted amount or deadlines for transfer or payment that mischaracterize the prepaid nature of the amounts to be made available to the workers.

The text also prohibits the demand for other funds and direct or indirect benefits of any nature not directly linked to the promotion of workers’ health and food safety, within contracts signed with food stamp issuers.

Inadequate execution, deviation or distortion of the purposes of the food allowance by employers or voucher issuers may result in the imposition of a fine in the amount of R$5,000 to R$50,000. The value doubles in case of recidivism or if there is any difficulty in inspection.

The fine will also be imposed on the establishment that sells products not related to the worker’s food and on the company that accredited the place.

The rapporteur made changes to the text that displeased the government. One of them allows the adoption of an open payment arrangement, which delegates the responsibility for accrediting the restaurants to the card brands. Today, those who do this are the food stamp card operators.

The other change refers to the free portability of the service from May 1, 2023, upon the express request of the workers. That is, workers can choose the card through which they will receive benefits.

If there is a balance on the food stamp at the end of 60 days, the money can be withdrawn by the worker.

The possibility of transferring the residual balance of union dues to centrals should end the dispute over the resource, which could exceed R$ 600 million.

The money refers to leftovers from the mandatory contribution, which has been extinguished since the labor reform came into force, in November 2017. The unions claim to be entitled to these resources that would have been passed on to the Ministry of Labor due to filling errors at the time. . These resources should have already been delivered to the entities, according to them — and the text meets them.

During the administration of former president Michel Temer (MDB), the Palácio do Planalto, the economic team and the AGU (General Advocacy of the Union) even opened a negotiation table with the union centrals, but the impasse remains to this day.

The economic team is studying recommending the veto of the device, but assesses that, as there is support from the Chamber’s summit, the measure may be innocuous.

The text brings provisions on telework and establishes that the presence of the worker in the work environment for specific tasks, even if in a usual way, does not de-characterize remote work.

Telework can be contracted by journey, production or task. In the case of a production contract, the chapter of the CLT (Consolidation of Labor Laws) which deals with the duration of work and which provides for the control of working hours will not be applied.

According to the text, an individual agreement may deal with the hours and means of communication between employee and employer, provided that legal rest periods are ensured.