No dia 28 de abril foi editada a MP 1.045 que institui o Novo Programa Emergencial de Manutenção do Emprego e da Renda. Essa Medida Provisória entra em vigor de forma imediata e permite às empresas realizar acordos para redução de jornada e salário de funcionários ou a suspensão dos contratos de trabalho.
Provisional Measure 1,045 was created along the lines of Provisional Measure 936, which was instituted in April 2020. Its main objectives are to preserve jobs and workers' incomes, guarantee the maintenance of businesses and reduce the impacts caused by the Covid-19 pandemic.
Find out more about MP 1045 and the relaxation of labor legislation below!
ARTICLE: How to calculate unfair dismissal?
Provisional Measure 1.045 and the flexibilization of labor legislation
Published in the Official Gazette on April 28, 2021, Provisional Measure 1,045 establishes the New Emergency Program to Maintain Employment and Income and provides for complementary measures to deal with the consequences of the public health emergency of international importance resulting from the coronavirus in the context of labor relations.
According to Provisional Measure 1,045, the New Emergency Program for Maintaining Employment and Income allows, for up to 120 days, the suspension of employment contracts and the proportional reduction of working hours and wages - and this period can be extended at any time by the government, as long as there is budget available for it.
In addition, MP 1,045 was accompanied by MP 1,046/21, which deals with labor measures to combat the pandemic - such as teleworking and anticipating individual vacations.
Main points of Provisional Measure 1.045
Confira quais são os pontos de destaque da MP 1.045:
1. measures of the New Emergency Program to Maintain Employment and Income
According to article 3 of Provisional Measure 1.045/21, the following are measures of the New Emergency Program to Maintain Employment and Income:
- The payment of the Emergency Employment and Income Maintenance Benefit;
- The proportional reduction of working hours and wages; and
- Temporary suspension of the employment contract.
2. Creation of the Emergency Employment and Income Maintenance Benefit
Provisional Measure 1,045 creates the Emergency Employment and Income Maintenance Benefit, to be paid in the following cases:
- Proportional reduction in working hours and wages; and
- Temporary suspension of the employment contract.
In addition, Article 6 defines unemployment insurance as the basis for calculation:
Art. 6 The value of the Emergency Employment and Income Maintenance Benefit will be based on the value of the portion of unemployment insurance to which the employee would be entitled, under the terms of Art. 5 of Law No. 7,998, of 1990.
3. Maximum period is 120 days
Article 7 of Provisional Measure 1045 stipulates that employers may agree to a proportional reduction in working hours and wages for their employees, in sectors, departments, parts or all of their jobs, for up to one hundred and twenty days - with the possibility of extending this period in accordance with the Executive Branch's budget availability.
4. Hypotheses for reducing working hours and wages
In the event of an individual written agreement, the proposal must be sent to the employee at least two calendar days in advance, and the reduction in working hours and salary may only be made by the following percentages:
- 25%
- 50%
- 70%
5. Rules for suspending the employment contract
The employer may agree to the temporary suspension of the employment contract of its employees, on a sectoral, departmental, partial or total basis.
Temporary suspension of the employment contract will be agreed by collective bargaining agreement, collective bargaining agreement or individual written agreement between employer and employee.
The employee, during the period of temporary suspension of the employment contract:
- Will be entitled to all the benefits granted by the employer to its employees; and
- You will be authorized to pay into the General Social Security System as an optional insured person.
6. De-characterization of the temporary suspension of the contract
If, during the period of temporary suspension of the employment contract, the employee maintains the work activities, even partially, by means of teleworking, remote work or distance work, the temporary suspension of the employment contract will not be characterized, and the employer will be subject:
- Immediate payment of remuneration and social charges for the entire period;
- The penalties provided for in the legislation; and
- The sanctions provided for in a collective agreement.
7. Special rules for medium and large companies
Companies that earned gross revenue of more than R$ 4,800,000.00 in the 2019 calendar year may only suspend their employees' employment contracts by paying monthly compensation of 30% of the employee's salary during the period of temporary suspension of the employment contract.
8. Job guarantee - fine if dismissed without just cause
Provisional Measure 1045 recognizes a provisional job guarantee for employees who receive the Emergency Job and Income Maintenance Benefit as a result of a reduction in working hours and wages or temporary suspension of the employment contract, under the following terms:
- During the agreed period of reduced working hours and pay or temporary suspension of the employment contract;
- After the re-establishment of working hours and wages or the end of the temporary suspension of the employment contract, for a period equivalent to that agreed for the reduction or suspension; and
- In the case of pregnant employees, for a period equivalent to that agreed for the reduction of working hours and wages or for the temporary suspension of the employment contract, counted from the date of expiry of the guarantee period established in item "b" of section II of the caput of art. 10 of the Transitional Constitutional Provisions Act.
9. Fine in the event of dismissal
Unjustified dismissal that occurs during the period of the provisional job guarantee will subject the employer to payment, in addition to the severance pay provided for in the legislation, of compensation in the amount of:
- 50% of the salary to which the employee would be entitled during the period of provisional job security, in the event of a reduction in working hours and salary equal to or greater than 25% and less than 50%;
- 75% of the salary to which the employee would be entitled during the period of provisional job security, in the event of a reduction in working hours and salary equal to or greater than 50% and less than 75%; and
- 100% of the salary to which the employee would have been entitled during the period of the provisional job guarantee, in the event of a reduction in working hours and salary by a percentage equal to or greater than 70% or temporary suspension of the employment contract.
10. How the emergency benefit is paid
Beneficiaries can receive the emergency benefit at the financial institution where they have a savings account or demand deposit account, except a salary account, provided they authorize their employer to provide their bank details.
11. How to join the program
In order to join the New Emergency Employment and Income Maintenance Program, the company must inform the Ministry of Economy of the reduction in working hours and wages or the temporary suspension of the employment contract via the Employer Web system. This must be done within ten days of the date on which the agreement was made.
O que você achou das medidas da MP 1.045? Quer continuar acompanhando novidades como esta? Então fique ligado no nosso blog!
