Chamber makes work more flexible for mothers and fathers and removes obligation of place for babies in companies

The Chamber of Deputies approved this Tuesday (30) a provisional measure that makes the work regime for mothers and fathers more flexible, increases the amount of credit that can be granted to micro-entrepreneurs and exempts companies from maintaining a place for babies during breastfeeding, provided that childcare reimbursement is paid.

The actions are part of a package to try to increase the employability of young people and women. The provisional measure, approved by 385 votes in favor and 7 against, now goes to the Senate, where it should be voted on this Tuesday.

The provisional measure sent by President Jair Bolsonaro (PL) creates the Employ + Women and Youth program, to insert and maintain this public in the job market.

The text authorizes the creation of a daycare reimbursement, intended to pay daycare or preschool, and also provides for a reimbursement of expenses with nannies, provided that the service is proven. The values ​​will still be regulated by an act of the Executive.

There are ordinances issued by the Ministry of Labor on the benefit. With the provisional measure, it becomes provided for by law.

On the other hand, the provisional measure ends an obligation of employers that was provided for in the CLT (Consolidation of Labor Laws). The text exempts companies with more than 30 employees that adopt the daycare reimbursement benefit from installing an appropriate place for the assistance of the children of employees during the breastfeeding period.

According to the text of the provisional measure, the implementation of daycare reimbursement will be conditioned to the formalization of individual or collective agreements or collective labor agreements.

Male and female employees may apply for the benefit if they have children under the age of six. It will be up to employers to inform and explain the existence of benefits to their employees.

The provisional measure also allows S System entities to maintain early childhood education institutions for the children of workers who are linked to the economic activity of companies in the system. Sesi (industry), Sesc (trade) and Sest (transport) can join these actions.

The rapporteur removed from the MP devices that allowed the use of the FGTS (Fundo de Garantia do Tempo de Serviço) to pay for day care services or women’s training. Celina Leão considered that the measures distorted the purpose of the fund, “harming its use for housing projects and taking the workers’ reserves to balances incapable of supporting them on the occasion of layoffs.”

To approve the measure, the rapporteur, Celina Leão (PP-DF), suppressed all content referring to apprentices. These changes face resistance in Congress, particularly from the opposition, who argued that this would result in precarious work and labor substitution.

Leão recalled that a special commission was constituted in the Chamber at the end of 2021 to discuss the project that creates the Apprentice Statute. The group is chaired by deputy Felipe Rigoni (União-ES) and has deputy Marco Bertaiolli (PSD-SP) as rapporteur.

MP determines priority in remote work to mothers and fathers

The text approved by the deputies determines that employers will have to prioritize fathers and mothers with the custody of children or stepchildren up to six years old when allocating employees to telework, remote work or distance work regimes. The same priority should be given to parents of children with disabilities – in this case, there is no age restriction.

Employers should also prioritize fathers or mothers with children up to six years old when adopting part-time work, compensation for working hours through an hour bank, 12-hour workday for 36 uninterrupted hours of rest, anticipation of vacations and flexible entry and exit times.

The text of the provisional measure brings new cases for the suspension of the employment contract to monitor the children’s development. Employees with a child whose mother has recently ended her maternity leave may apply.

This suspension should aim to provide care and establish bonds with the children, monitor their development and support the return to work of your partner.

As in the cases provided for in the CLT, for situations involving courses and professional qualification, the contract may be suspended for two to five months.

On another front, the provisional measure seeks to increase credit for women entrepreneurs. The text provides for differentiated conditions in the credit operations of the SIM Digital program (Program for the Simplification of Digital Microcredit for Entrepreneurs) for women who carry out productive or service activities — both urban and rural — and individual micro-entrepreneurs within the scope of the National Microcredit Program .

Self-employed women will be entitled to a credit line of up to R$2,000, while individual micro-entrepreneurs may receive up to R$5,000. The maximum interest rate will be 85% of that allowed by the CMN (National Monetary Council) for microcredit operations and the payment term of up to 30 months (two and a half years).

Rapporteur rejects extension of paternity leave

The rapporteur of the proposal avoided accepting amendments that aimed to increase the period of paternity leave. Celina Leão argued that she asked the Chamber’s Budget and Financial Inspection Consultancy for a study, which pointed to an impact of around R$535 million next year.

“Due to the high cost of adopting these measures in the long term and considering the situation of economic crisis in which the country finds itself, in which all efforts are aimed at solving emergency problems such as the fight against poverty and the recovery of the economy in the context of pandemic, we understand that there is still no room for approval of a change of such magnitude”, he said.

Celina Leão prepared a chapter with measures to combat sexual harassment, such as the inclusion of rules of conduct.

There is also the institution of a seal to recognize the good practices of employers to recognize companies that encourage the hiring or professional advancement of women, for example.

See what the Employs + Women Program provides

• Payment of daycare reimbursement or reimbursement of expenses with babysitters, provided they are proven
• Benefit may be granted to maids or employees who have children up to 5 years and 11 months of age.
• It exempts companies with more than 30 employees that adopt the daycare reimbursement benefit from installing an appropriate place for babies
• Priority in teleworking, part-time work, special workday compensation regime through a bank of hours for fathers and mothers with children up to 6 years old
• Authorizes anticipation of individual vacations for fathers and mothers with children up to 6 years old
• Sets flexible check-in and check-out times for parents with children up to 6 years old
• The same priorities should be given to parents of children with disabilities – in this case, there is no age restriction.
• Self-employed women will be entitled to a credit line of up to R$2,000, while individual micro-entrepreneurs may receive up to R$5,000
• Measures to combat sexual harassment, such as the inclusion of rules of conduct regarding harassment and other forms of violence in the company’s internal rules