Coronavirus release - covid-19
Atualizado: há 3 dias
As per the edition of Provisional Measure (PM) no. 927/2020 and "Circular da Caixa 893/2020", DBS Partner, in order to assist its customers, provides the main legal aspects that must be observed.
I - PROVISIONAL MEASURE
ThePMprovides the measures that employers may take to face the extraordinary situation resulting from the Covid-19 pandemic. The provisions are temporary and will only be valid until December 31, 2020. The purpose of thePMis to provide for labor issues, with a view to preserving employment and income.
II - TELE-WORK
The change to any situation that is configured as remote work will not depend on individual or collective agreement, but must be communicated to the employee within 48 hours before it starts. The Parties must adjust the responsibilities arising from the new scenario, such as expenses. In this sense, it is extremely important to document the correctness. If the employee does not have enough infrastructure, and the employer does not provide it, the employee's remuneration will be guaranteed. The use of applications outside working hours will not constitute time available. This regime will also apply to interns and apprentices.
III – VACATION ANTICIPATION
Prior communication within 48 hours. Holidays may be granted even if the purchase period has not elapsed and, by written agreement, future holiday periods may also be anticipated. The additional 1/3 may be paid until the 13th salary date, as well as the regular remuneration may be paid until the 5th business day of the month following the vacation. The payment of the cash bonus will depend on the employer's agreement. There is priority for workers who belong to the risk group.
IV - COLLECTIVE VACATION
Prior communication within 48 hours. The duration limits foreseen in the CLT will not apply. Ideally, follow the same guidelines that apply to individual holidays. There is no need for prior communication to any body, notably trade unions or the ministry of the economy.
V - HOLIDAY ANTICIPATION
Non-religious holidays may be brought forward, provided that 48 hours prior notice is given and an unambiguous indication of which is anticipated. They can be compensated in a bank of hours. Religious holidays may only be granted if the employee expressly authorizes them.
VI - TIME BANK
Extension of the compensation period to up to 18 months, counting from the closing date of the state of public calamity. Compensation will waive a collective or individual labor agreement.
VII - WORK SAFETY
Occupational medical examinations are extended during public calamity, except for dismissals, for up to 60 days from the end of the period. The dismissal exam may be waived if the last occupational examination was carried out less than 180 days ago. Periodic training, provided for in regulatory standards and legislation, will be suspended and can be carried out within 90 days after the end of the period. Distance training can be carried out. CIPA will remain until the end of the calamity, but electoral processes may be suspended.
VIII - "FGTS" PAYMENT The payment of the competences in March, April and May 2020 may be carried out in installments, without the impact of updating, fines and charges. The payment of obligations related to the months above will be paid in up to six monthly installments, with due date on the seventh day of each month, as of July 2020. In order to take advantage of the prerogative provided for in the caput, the employer is obliged to declare the information until June 20, 2020 (Modality 1 - Declaration to FGTS and Social Security). In the event of termination of the employment contract, the suspension, provided for in art. 19 of MPV 927/2020, will be resolved and the employer will be obliged to:
the collection of amounts corresponding to forty percent of the amount of all deposits made in the correspondent account, without incurring the fine and charges;
deposit of amounts related to the month of termination and the immediately preceding month, which has not yet been paid, without prejudice to legal arrangements.
IX - OTHER NOTES
Art. 18 was revoked, which dealt with the suspension of wages for up to 4 (four) months.
Postponement of FGTS payment from March, April and May 2020, and the possibility of payment in installments, within 6 months, without penalty and charges, from July 2020. If the contract is terminated, the analysis will be specific.
The term of Regularity Certificates issued before the PM is extended.
Term of defense, or appeal, in infraction notices are suspended for 180 days. Cases of Covid-19 contamination will not be considered occupational, except with proof of causal link.
Expired or due collective agreements and conventions, within 180 days of the PM, may, according to the employer's will, be extended for 90 days after the end of the term.
For 180 days, labor tax auditors will act in a guiding manner, unless they find a serious, risky or absurd situation.
The PM will apply to rural, temporary / service provision and domestic work.
Measures taken by employers in the last 30 days, which do not contravene the provisions of the PM, will be valid.
Individual agreement between employer and employee will have preponderance over other normative instruments, as long as in convergence with the Federal Constitution.
Through "Circular da Caixa 893" of 03/24/2020, guidelines on the suspension of the payment of FGTS payments were released.
Our legal team is available for any clarifications.
Source: DBS Partner Team