Government regulates home office to control working hours and more benefits – Tecnoblog

the practice of home office in Brazil there will be new rules for workers with a formal contract. Published in March of this year, the provisional measure (MP) number 1,108 regulates remote work and adjusts labor legislation to guarantee certain rights and duties that were previously exclusive to individuals hired on a face-to-face basis.

Man working from home office (Image: Free-Photos/Pixabay)
Man working from home office (Image: Free-Photos/Pixabay)

In the following lines, we explain the main changes introduced by MP 1,108. To clarify some of the new rules, the technoblog talked to experts in labor legislation about benefits, the rights of home office workers and the possible benefits of remote work regulation.

Home office was popularized by necessity

Since the beginning of the COVID-19 pandemic in March 2020, remote work has become increasingly common. As much as many companies are gradually resuming face-to-face activities in 2022, there is still a portion of professionals who stay at home or prefer to work in hybrid model.

This change in the reality of Brazilians called for a review of labor legislation. Despite the delay, MP 1,108 is the first step by the federal government towards an updated work model. Although, there are some rules that still need to be polished or clarifiedbefore the final adoption of the law.

The new rules for remote work

MP 1108, in addition to regulate remote work in Brazilian labor legislation, brings new rules, as well as rights and duties for workers and employers. Alexandre Gama, partner at Autuori Burmann, listed the main changes introduced in the Consolidation of Labor Laws (CLT).

According to Gamma, MP 1108 provides:

  • adoption of hybrid work, so that, even if the employee attends the company on certain days, this would not detract from the remote work model. Remembering that this condition — teleworking — must be expressly included in the individual employment contract;
  • working hours control for professionals under the telework regime (provided they are not paid for production or task);
  • agreement between the parties to provide for timetables and means of communication between employees and employers, ensuring legal rest periods;
  • inclusion of interns and apprentices working from home;
  • priority of telework vacancies for workers with disabilities or with children up to four years of age;
  • use of collective agreements or conventions related to the territorial base of the employee’s establishment (eSocial registration location, for example);
  • rules for the application of labor legislation for employees hired in Brazil, but who chose to work remotely abroad;

Food aid to use only on food

There are still new rules for food aid. MP 1.108 determines that the benefit is used only for pay for meals in restaurants or food in commerce. With this, the federal government wants to prevent the use of money for purchases not related to food — a common practice in companies that offer flexible cards, such as Flash.

Labor lawyer Rosângela Tolentino explained that the Flash card can still be offered by companiesbut with a few remarks:

“With MP 1.108/22, it was expressed in the normative text, that for the use of the food allowance, there must be exclusive payment for meals in restaurants and similar or food establishments. In this way, the Flash card can be used for other benefits.

However, there is already the possibility that within the amount deposited on the card, a certain amount is locked to be used exclusively for food purposes by the employee, if the card provides this possibility, the use of this card is fully possible.

It should be noted that if the value is used for purposes other than food, a fine of R$ 5 thousand to R$ 50 thousand may be imposed”.

Rosângela Tolentino, labor lawyer at Galvão Villani, Navarro, Zangiácomo e Bardella Advogados.

CLT guarantees infrastructure to the worker

CLT guarantees that home office workers receive all the necessary equipment to perform their functions. However, there is no rule in MP 1,108 that requires the payment of additional aid, such as energy bill reimbursement. On this point, Rosângela commented:

“As established in art. 75-D of the CLT, the conditions regarding the supply of technological equipment and infrastructure for remote work must be established in the employment contract between the parties.

In this way, the company is obliged to assist its employees with regard to machinery, software, among other equipment necessary for the exercise of the activity, emphasizing that the products supplied must be in good condition for the performance of the functions.

Regarding the infrastructure necessary for the provision of services, here comes the famous “home office kit”, such as a chair, mouse, screen, and other utensils for the performance of activities, including the internet.

I also clarify that expenses that are not measurable, such as water or electricity bills, are not included here, in which case it must be borne solely and exclusively by the employee.

I reinforce that all the allowance provided by the company must be in writing in the contract, so that the employer demonstrates what it is providing to its employee, and the employee can, if necessary, request reimbursement for the amount paid to these titles”.

Rosângela Tolentino, labor lawyer at Galvão Villani, Navarro, Zangiácomo e Bardella Advogados.

MP 1.108 is not yet a law, but it is valid as a

It is important to highlight that provisional measures take effect as laws as soon as they are published in the Official Gazette of the Union, but for a limited time. Still need to wait for the National Congress approval for the legislation to be definitively amended.

MP 1108, included in the document on March 28, only valid until May 26, which may be extended for a maximum of 60 days. While the MP is in force, it must be respected, as well as any other law of labor legislation.

For now, MP 1,108 is in the implementation phase, despite already being valid as law. The changes have not been discussed with society or unions, so it is recommended to speak individually with employers about the new rules. To the technoblogRosangela said the following:

“The provisional measure came to try to stop some abuses and misuse of purpose that were taking place, however, as it is not yet law, being valid, therefore, for a determined period, there is a certain legal uncertainty for its application.

In this way, the best option is always to negotiate with the unions and/or with the employee individually so that the parties reach a consensus on the application of the benefit within the legal framework, but without harm to workers”.

Rosângela Tolentino, labor lawyer at Galvão Villani, Navarro, Zangiácomo e Bardella Advogados.

With information: Federal Government, Official Gazette, g1, Chamber of Deputies, Senate News.

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