Check out the main points of the new labor law and understand what could change for you during the state of calamity!
The new labor law introduced a series of measures to combat the effects of the crisis caused by the coronavirus epidemic. Published on March 22, the provisional measure has immediate effect and is valid for six months.
To help companies stay afloat and avoid mass layoffs, Provisional Measure 927/2020 makes several labor rules more flexible. Below, we'll look at the 7 main changes that should have an impact on workers' lives. Follow along and see what could change for you with the new Labor Provisional Measure!
Read more: [The Complete Guide to your Income Tax 2021]
1. Home Office in the MP
As a way of avoiding crowds, the adoption of home office (or teleworking) has been simplified. With the new labor law, there is no need to change the employment contract to transfer the employee from the in-company regime to teleworking. Home office will also be allowed for apprentices and trainees.
One of the requirements for the measure is that the employee must be notified of the change at least 48 hours in advance. Another requirement is that the employer formalize the change in writing and provide the necessary equipment for teleworking. Reimbursement of expenses may also be required if the employee has to pay for the proposed changes.
2. Individual vacations
The new MP allows companies to bring forward employees' vacations even before they have completed 12 months of work
As a requirement, the employee must be informed at least 48 hours in advance. In addition, vacations of less than 5 calendar days will not be allowed. The additional payment of 1/3 of the salary can be paid on the 5th working day of the following month or with the 13th payment.
As a safety measure, workers who belong to at-risk groups will then have priority in bringing their vacations forward.
3. Collective vacations at Labor MP
Employers can also determine a period of collective leave for their employees. In this case, at least 48 hours' notice is also required.
By respecting this notice, the employer will not be required to notify the Ministry of Economy or the unions of the decision. Before Provisional Measure 927, in order to grant collective vacations it was necessary to inform institutions of the measure 15 days in advance.
4. Anticipation of public holidays
Companies are now allowed to bring forward non-religious federal, state and municipal holidays. To do so, employees must also be notified 48 hours in advance. Religious holidays are not included, as their anticipation depends on the consent of the employees.
It will still be possible to offset this advance against the bank of hours, without the need for an agreement with the worker.
5. Bank hours in Labor MP
If the company's activities are interrupted, the new labor law allows for the creation of a bank of hours. Thus, if the parties agree, the bank of hours can be compensated in up to 18 months.
As a requirement, workers on standby can only work 2 hours of overtime a day. So if the employee has credit in the time bank, it can be made up during the work stoppage.
6. FGTS postponement
Provisional Measure 927 allows companies to postpone the payment of 8% of salary to the FGTS in April, May and June. As a result, the payment will have to be made from July onwards and can be paid in up to 6 installments.
The requirement is to declare the postponement by June 20th. However, in cases of dismissal, the payment must be made as normal. It is important to note that the deadlines for defense and appeals in labor lawsuits and FGTS debts are suspended for 180 days.
7. Work safety
Administrative occupational health and safety requirements are suspended. Thus, the obligation to carry out medical examinations is lifted. However, they must still be carried out within 60 days of the end of the state of calamity.
Dismissal examinations are also no longer compulsory, as long as the employee has had another occupational examination within 180 days.
Finally, we would like to remind you that the new Labor Provisional Measure is effective immediately, for 60 days. Provisional measures have priority in the voting order of the Congress and Senate agendas. Therefore, if it is not voted on within 45 days, it is imposed on the agenda and blocks the parliamentary agenda until it is approved or overturned.
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