Employer may anticipate employee vacation or grant collective vacation and postpone FGTS payment
Provisional Measure 1046/21 establishes a series of flexibilities in labor legislation, which may be adopted by employers for four months. The term may be extended, for an equal period, by an act of the Executive Branch. The text was published in the Official Gazette on Wednesday (28).
In March last year, the government published a similar measure (MP 927/20), making labor rules more flexible, which was approved by deputies, but lost its validity without having been approved by senators and thus was not converted into law. The new MP must be analyzed by parliamentarians within 120 days.
MP 1046/21 allows the employer to change the face-to-face work regime for teleworking, remote work or other distance work and determine the return to the face-to-face work regime, regardless of the existence of individual or collective agreements. The change will be notified to the employee at least 48 hours in advance.
The provisions for the supply of equipment and infrastructure necessary for the provision of teleworking and the reimbursement of expenses borne by the employee will be provided for in a written contract, signed within 30 days after the change in the work regime.
According to the text, the employer will also be able to anticipate the employee's vacation, and must inform him in advance, at least, 48 hours, in writing or by electronic e-mail. Vacations may not be taken in periods of less than five calendar days and may be granted by an act of the employer, even if the acquisition period has not elapsed.
The additional one-third related to holidays granted during the period may be paid after it is granted, until the date on which the Christmas bonus (or 13th salary) is due.
According to the MP, companies may also grant collective vacations, and must notify the set of affected employees 48 hours in advance, without the need to observe the maximum limit of annual periods and the minimum limit of consecutive days provided for in the Consolidation of Labor Laws (CLT). Collective holidays may be granted for more than 30 days.
The employer may also anticipate the enjoyment of federal, state, district and municipal holidays, including religious ones, and must also notify affected employees 48 hours in advance, with the express indication of the holidays used.
Bank of hours
The MP authorizes the interruption of activities by the employer and the establishment of a special work hours compensation regime, through a bank of hours, established by individual or collective written agreement. The compensation period for the interrupted period will be up to 18 months, counting from the closing date of the four-month period after the publication of the MP.
Compensation may be made by extending the workday by up to two hours, which may not exceed 10 hours a day, and may be carried out on weekends. The compensation of the hours balance can be determined by the employer regardless of collective agreement or individual or collective agreement.
The MP also suspends the obligation for employers to pay the Employees' Severance Funds (“FGTS”) for four months (April, May, June and July/21). Payment can be made in up to four monthly installments, without penalty and other charges, with maturity as of September 2021.
Health and safety requirements
In addition, the MP suspends the obligation to carry out occupational, clinical and complementary medical examinations, except for dismissal examinations, of workers who are on teleworking, remote or distance work.
The doctor, however, can indicate the need to perform the exams if he considers that the extension represents a risk to the employee's health. The obligation to carry out occupational examinations and periodic training for health and auxiliary workers in effective exercise in a hospital environment is maintained.
The text allows health establishments to, by means of an individual written agreement, extend the workday, including for unhealthy activities and for the 12-hour workday for 36 hours of rest, as well as adopt overtime schedules between the 13th and the 24th hour of the intra-day break. Overtime will be compensated, within 18 months, through an hour bank or paid as overtime.
Provisional Measure 1042/21 will now be analyzed by the plenary sessions of the Chamber of Deputies and the Senate.
Source: Agência Câmara de Notícias