In 2021, the federal government implemented some emergency measures to try to help companies and workers react to the crisis, updating the demand in labor laws in 2022, follow the changes for the year.
As the pandemic progressed, some of these measures were maintained, and other laws were created to keep up with the current labor scenario.
In this article, we'll talk about which labor measures have been maintained, the changes and the forecasts for 2022.
The Labor Reform
Much has been speculated about a new labor reform in 2022, although there is no official confirmation that it will actually happen, speculation is leaning towards yes.
The number of measures awaiting approval is equivalent to a mini labor reform, and it seems - especially the research commissioned by the federal government from GAET - that the reform could happen this year.
The last labor reform took place in 2017, and it is clear how much the market scenario has changed since then, and how much this influences current labor relations.
ARTICLE: Understanding the Flexibility of Labor Legislation
From 2021 to 2022 - Labor laws in 2022 that remain in force
In April 2021, the federal government created provisional measures to encourage companies to preserve jobs during the pandemic - Since the pandemic and its effects are still present, some measures will remain in force, such as:
- Anticipation of public holidays;
- Working remotely;
- Reduced working hours and proportional salary;
- Bank hours;
- Individual and collective leave;
- Leave of absence for pregnant women.
Labor laws in 2022: ATTENTION
There are two points that require attention and must not be forgotten. The first is the measure on pregnant women, which was adopted last year and will remain:
- PREGNANT WOMEN - Since last year, the government has determined through Law 14.151/2021 that pregnant women must stay away from face-to-face activities - and this year the measure remains in force!
The second point is the LGPD:
- LGPD AND CLT - The General Data Protection Law exists to protect the personal data and information of all citizens, and has been in force since 2020.
In the labor sphere, it determines certain responsibilities on the part of the employer - since the company handles documents and information from the moment the employee is hired and throughout the employee's career.
It is necessary for companies to manage this data correctly, keeping this information protected and accessible to employees.
Main labor changes on the agenda:
In addition to the measures that have remained in force, others have been created and are awaiting approval:
- WORKING ON SUNDAYS - The new labor reform gives workers the right to one Sunday off every two months.
There are currently some rules for workers to work on Sundays, as long as the company meets certain requirements.
- ORDINANCE 671 - Ordinance 671/2021, which will come into force on February 10, 2022, brings changes to several posts regarding control of working hours, professional registration and childcare reimbursement.
- THE END OF THE EMPLOYMENT RELATIONSHIP - The new labor law proposal provides for the offer of work without an employment relationship, where only the termination of employment will serve to end the agreement.
*Article 484-A of the Consolidated Labor Laws (CLT) approves dismissal by resignation since 2017, either by the company or the employer.
With the end of the employment relationship, termination will be replaced by withdrawal.
- FLEXIBILITY FOR INTERNSHIPS - Approved by the CTASP, the measures guarantee more flexibility in internship cases:
- The internship period in the same place has been extended to 3 years
- The deadline for the internship is now 6 months after the end of the course - as long as it starts while the student is enrolled in higher education.
- HOLIDAYS - The new proposal suggests that vacations can be split into up to three periods - currently vacations can be split into up to two periods.
- CLT CLOSED FOR APP DRIVERS - The benefits of the new labor reform proposal have not reached app drivers and couriers.
The proposal prohibits the inclusion of these professionals in the CLT, depriving them of benefits such as sick pay, FGTS, paid weekly rest, among others.
In order for the category to have access to any rights or benefits, it is possible for these workers to open a CNPJ as an individual micro-entrepreneur.
The set of proposals also includes some programs, which aim to insert and reintegrate citizens into the labor market.
Priore - The First Chance and Reintegration into Employment program has the following objectives:
1- Reduce employment costs for the contractor - by paying a bonus of R$275.00 in salary.
2- The entry of young people into the job market - giving young people between the ages of 18 and 29 their first job with a formal contract.
3- The reinsertion of older professionals into the labor market - reaching workers over the age of 55 who have not been registered for more than 12 months, and who earn up to 2 minimum wages.
However,
- The amount of the FGTS payment will be between 2% and 6% lower;
- At the end of the contract, the fine will be 20% on the FGTS - 20% less than at present.
Requip - The Special Regime for Work, Qualification and Productive Inclusion is a program that does not establish an employment relationship between company and worker, since the bonuses and grants are considered "indemnities" and there is no obligation to make labor payments.
REQUIP is for young people aged between 18 and 19, and workers who have been unemployed for less than 2 years - with a family income of up to 2 minimum wages who receive some government benefit - the proposal consists of:
- Working week of up to 22 hours
- Payout and a maximum bonus of R$ 225.00
- Scholarship for a 180-hour qualification course.
Volunteer program - This initiative is aimed at young people aged between 18 and 29 and people over 50.
The activities are aimed at the municipalities, which is why the municipality itself will define the amount to be paid - respecting the rule that the hourly rate cannot be lower than the minimum wage.
- Maximum duration of 18 months
- Monthly working hours of 48 hours, not exceeding 6 hours a day and 3 days a week.
As we have seen - if approved, the labor laws will have several changes, both for workers and employers.
Tell us, what do you think of the changes to labor laws in 2022?
