Bill on fine to companies for gender discrimination is approved in the Senate
The House Bill 130/2011, approved by the Plenary of the Federal Senate on March 30, 2021, follows the presidential sanction. The text inserts in the labor...
In the vote of the rapporteur, counselor Valtércio de Oliveira, it is observed that 39 Courts favored the change related to international teleworking. By: Wilson Sales Belchior
The National Council of Justice (CNJ) under the procedure of the Permanent Commission for Operational Efficiency and People Management analyzed the request for revision of Resolution no. 227/2016 that regulated teleworking in the Brazilian Judiciary, specifically item “f” of item I, of article 5 that forbade teleworking in the event that the server is out of the country, except in cases where they were entitled to a license to accompany the spouse (Process: 0009486-09.2018.2.00.0000).
In the vote of the rapporteur, counselor Valtércio de Oliveira, it is observed that 39 Courts favorably positioned the change related to international teleworking, with the argument that the ban caused “the loss of qualified labor, because the servers give up on remain in the courts, due to the lack of flexibility regarding the place where the works will be carried out ”.
The rapporteur also emphasized the transition in the focus on the physical presence of servers to their productivity, with the support of the computerization of the services of the Brazilian Judiciary, allowing access to electronic systems over the internet, regardless of the location in which the servers are located, expanding the economy of resources, promoting the return of servers and increasing productivity.
Thus, the proposed amendment was aimed at establishing a general rule authorizing teleworking for all servers, including outside the jurisdiction of the Court, with mention of authorization in its international modality, among other hypotheses, with the proviso that this is not the subjective public right of civil servants, but the prerogative conferred by the Court, with due regard for proportionality, reasonableness, protection of legitimate expectations, equality and public interest.
The CNJ plenary, at the end of October 2019, approved the proposal to change the text of Resolution no. 227/2016, allowing international teleworking of Judiciary servants, a period in which the servant will not be entitled to payment of a benefit related to transportation aid, nor will he be subject to a bank of hours. At that time, the percentage of employees in total or partial teleworking, as defined by the manager, was limited to the percentage of 50% of the capacity, as defined by the manager, ensuring the absence of damage to the public’s face-to-face service.
Wilson Sales Belchior
Source: ClickJus website
The House Bill 130/2011, approved by the Plenary of the Federal Senate on March 30, 2021, follows the presidential sanction. The text inserts in the labor...
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