RAIS must be submitted up to April 29
28/03/2022
How to optimize personnel management with new technologies
30/03/2022HIGHLIGHTS
Changes in the rules for working from home are already in force
Provisional Decree 1,108 aims to adapt the legislation to the needs of the way of working that was consolidated during the pandemic
The Provisional Decree No. 1,108 (often abbreviated as MP) was published on the Federal Official Journal of March 28, setting the rules for telecommute or remote work, a modality that is known in the Brazilian business environment as home office.
The aforementioned MP has the force of law and enters into force immediately. However, it needs to be approved by the National Congress within four months to become a definitive law. The congresspeople may also change details within the text throughout the evaluation process.
With the new rules, the government is trying to adjust the legislation to the needs of this modality of work that has grown with the occurrence of the pandemic and the imposition of social distancing
The text reinforces that telecommute or remote work is defined as the provision of services outside of the employer’s facilities, whether preponderantly or not. This regime does not lose its status because of attendance to the company’s facilities for performing specific activities, even when habitual.
Companies may also adopt a hybrid model, and one modality or the other may predominate.
Check out the text’s highlights:
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An important point is that the provision of services in the telecommute regime must be expressly prescribed on the individual employment contract. Another definition brought on by the MP is allowing the adoption of remote work for interns and apprentices. Also, when it comes to telecommute by hours of work or productivity, what prevails is what has been agreed on in individual negotiations between the company and the employee. There is no change in compensation in any of those scenarios. When working by productivity, the worker must perform their activities in a flexible manner, according to what is most convenient to them, without reduction in pay. The individual agreement may also determine the times in which communication between the parties must be had, while the times intended for the legal rests are maintained. The text may prescribe that employers ought to prioritize employees who have disabilities and the ones whose children are up to four years old for activities that could be performed in telecommute. |
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Domingues e Pinho Contadores’ labor law and social security team works in compliance with the legislation, guiding our clients into safe steps in workforce management. Count on our support: dpc@dpc.com.br
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