Senate approves MP that allows teleworking and reduction of working hours in cases of calamity

by

The Senate approved this Wednesday (3) the provisional measure that authorizes governments to relax labor rules to contain social and economic consequences of a state of public calamity.

Unlike the actions taken during the new coronavirus pandemic, this authorization is valid for the declaration of a state of calamity not only by the federal government but also by states and municipalities.

The proposal was approved by 51 votes in favor and 17 against and now goes straight to promulgation – since there was no change in its content, neither in the Chamber of Deputies nor in the Senate.

The text needed to be approved by the 7th so as not to lose its validity.

The text of the provisional measure provides that alternative measures such as teleworking, anticipation of individual vacations, granting collective vacations may be adopted for the preservation of employment, by employees and employers; the use and anticipation of holidays; bank of hours and the suspension of the enforceability of FGTS payments.

The provisional measure also authorizes the federal government to apply the measures provided for in the Emergency Employment and Income Maintenance Program, which was created during the pandemic. The measures include a proportional reduction of the working day and salary or temporary suspension of the employment contract upon agreement with the payment of the Good (Emergency Benefit).

The Federal Executive will have this competence both in cases of national and regional public calamities. The maximum period will be 90 days.

The provisional measure provides that companies will be able to change the work regime of their employees, adopting telework or remote work. Employers will also have the ability to determine the return to the face-to-face regime, regardless of the existence of individual or collective agreements. Prior registration of the amendment to the individual employment contract will not be necessary.

The change in the regime must be informed to the employee at least 48 hours in advance, in writing or electronically. The text also determines that arrangements relating to equipment or reimbursements to employees for the use of an alternative structure must be made in advance or within 30 days after the change in the work regime.

In relation to the possibility of anticipation of vacation, the company must also notify the worker with a minimum period of 48 hours, indicating the period to be taken by the employee. Communication must also be in writing or electronically.

In addition, the conversion of a third of the vacation into a cash allowance will depend on the employer’s consent.

The provisional measure also authorizes companies to grant general collective vacations or to one of their sectors, also communicating within a period of up to 48 hours.

It will also be possible for the employer to anticipate federal, state and municipal holidays, including religious ones.

The text authorizes the interruption of activities by the employer and the constitution of a special working hours compensation regime, through an hour bank, in favor of the employer or employee, established by means of a written individual or collective agreement, for compensation within the up to 18 months.

An act of the Ministry of Labor and Welfare may suspend the requirement for FGTS collections of up to four competencies, related to employers’ establishments located in municipalities affected by a state of public calamity recognized by the Federal Executive Power.

Opposition senators harshly criticized the text of the provisional measure. The main argument is that public calamity decrees are frequent in states and municipalities and that the approved text opens a gap for the cut of rights.

“The provisional measure is not an adequate instrument to regulate labor relations in the event of the issuance of new public calamity decrees, which we do not even know what it is. We are playing the role of futurologists here. no matter what is decreed there in the municipality, cut off the workers’ heads’. That’s what I really said: ‘cut off the workers’ heads'”, said Senator Paulo Paim (PT-RS).

Government officials, in turn, countered and stated that it will be up to the Federal Executive to confirm or not the declaration of the state of calamity.

The rapporteur of the proposal and government leader in the Senate, Carlos Portinho (PL-RJ), said that the measures to relax labor rules during the pandemic were responsible for maintaining employment.

“The Emergency Employment and Income Maintenance Program, created to face the effects of the pandemic caused by Covid, made it possible to keep almost 10 million workers employed, the result of 20.1 million agreements signed in the modalities provided for in the program. this number corresponds to about 30% of salaried workers with a formal contract at that time, across the country”. stated.


Provisional measure that makes labor rules more flexible in times of calamity:

Measures can be adopted when there is a declaration of a state of calamity

The state of calamity can be decreed at the municipal, district, state or national level – but it must be recognized by the Federal Executive

The following measures may be taken:

  • telework
  • Anticipation of individual vacations
  • Granting of collective vacations
  • Taking advantage of and anticipating holidays
  • Bank of hours
  • Suspension of enforceability of FGTS (Service Time Guarantee Fund) payments

The Federal Executive may also adopt measures provided for in the Employment and Income Maintenance Program, such as:

  • Payment of the Emergency Employment and Income Maintenance Benefit
  • Proportional reduction in working hours and wages
  • Temporary suspension of the employment contract.

You May Also Like

Recommended for you