New rules for hybrid work start to take effect today

The provisional measure that formalizes the creation of the hybrid work regime was published this Monday (28) in the “Official Gazette”. The new rules were announced by the Jair Bolsonaro government (PL) on Friday (25) and are already in effect.

Telework had already been included in the CLT (Consolidation of Labor Laws) in 2017, in the labor reform, but defined that the activity had to be predominantly performed outside the company’s premises.

With the new rule, telecommuting or remote work is not disfigured by the number of days it is carried out at the company or at the employee’s home.

MP 1108 also created the figure of production or task contraction. In such cases, employers will not need to control the number of hours worked by the employee. The legislation in force until then did not provide for the control of working hours in telework.

According to the text published by the government, the provision of services in the form of telework or remote work must be expressly included in the individual employment contract.

The government also published MP 1,109 this Monday, which authorizes the adoption of the emergency employment and income program when there is a state of calamity.

Understand the main changes in effect from Monday (28)

1) Formalization of hybrid work

The work can be carried out on the premises of the company or outside it, regardless of the number of days. Until then, the legislation required that, for example, out of five working days, only two could be in person, or the model would no longer be considered teleworking.

With this, hybrid work, adopted by many companies in the midst of the pandemic, formally exists.

2) Workday

Companies are now able to control the journey of their employees who are in a hybrid regime. The legislation provided for the exemption of this control, which also meant that there was no payment of overtime in this model.

The new rule provides for three types of contract. In addition to the traditional one, per day, the worker can be hired by production and task. In these “on demand” models, the MP establishes that there will be no journey control

For the traditional model, by journey, control will be optional and it will be up to companies to decide whether or not to establish some control method.

To the sheet, on Friday, Attorney General of Labor, José de Lima Ramos Pereira said he considered the exemption from control unconstitutional. “I also see with concern that this production contract is only used to avoid overtime pay, which will be considered fraud.”​

3) Brazilian law for those who are in another country

Anyone living in another country will also be subject to Brazilian legislation, but the provisional measure opens the possibility for employer and employee to reach an agreement to remove the application of Law 7,064, of December 6, 1982, which deals with the situation of workers hired or transferred to the outside.

4) Collective agreements and conventions of the states

Workers who are in other states will be subject to collective agreements and conventions closed where the company is installed, even if the headquarters are in another place.

Thus, a worker contracted by a branch in Santa Catarina will have the benefits established by the conventions of that state, even if the headquarters are in Rio de Janeiro.

5) Disconnection and time on hand

The use of software and other digital tools related to work, outside the normal working day, does not constitute time available to the employer, says the MP. The text of the measure provides, however, that workers and employers can define, by individual or collective agreement, limits to this type of use.

6) Return to face-to-face

If the teleworking employee decides to return to face-to-face work, the employer will not be responsible for expenses arising from this decision.

7) Priority in the home office

Workers with disabilities and those with children up to four years of age should be given priority in telecommuting or remote work vacancies.

8) Interns and Apprentices

Telework can also be applied to apprentices and interns.

9) Meal allowance

The measure changes payment rules, prohibiting, for example, the charging of negative rates or discounts on hiring companies that provide food aid.

The model in use until now allowed discounts by companies issuing food and meal vouchers to beneficiary companies, which receive tax exemptions to implement food programs for their workers.

10) Public calamity

MP 1,109 facilitates the adoption of teleworking, anticipation of vacations, the use and anticipation of holidays and the advance withdrawal of benefits.

Managers will also be able to use the measures provided for in the Emergency Employment and Income Maintenance Program, such as a proportional reduction in working hours and salary or temporary suspension of the employment contract upon agreement with payment of the Good (Emergency Benefit).