SPECIALISTS GUIDE BUSINESSES ON LABOR GUIDELINES AFTER LOSS OF VALIDITY OF MP 927

In teleworking, it is necessary to sign a contractual amendment, maintaining this condition, or, as the case may be, informing the return to the face-to-face regime, observing the compliance with the minimum transition period of 15 days.

The text, published in March, made labor rules more flexible during the pandemic period. Employers could negotiate with employees without the intermediation of unions, there were changes such as teleworking agreements, temporary suspension of employment contracts, anticipation of holidays and holidays, bank hours, postponement of FGTS payment for three months and exemption from exams. occupational doctors, among others

Several companies have been looking for law firms to answer questions about how to proceed from now on. Lawyers affirm that all acts performed during the term of the MP do not lose their validity. But it is necessary to take some precautions since July 20, when the rule expired.

Carlos Eduardo Dantas Costa, partner at Peixoto & Cury Advogados, says that companies should use the “perfect legal act”. That is, for the company that hired the hour bank, for example, during the term of the MP, it must normally follow the rules even during the decree of the state of calamity. “But anyone who has not adopted the hour bank should not do so now with the end of the MP”, he warns.

Kelton dos Anjos Teixeira, a lawyer in the Labor Relations department of BNZ Advogados, says that, given the expiry of MP 927, several clients are mainly concerned with possible legal uncertainty. “In the case of the MP in question, only the pre-existing legislation, especially the CLT rules, are valid again. However, all legal acts practiced during the MP’s term and under its protection, are absolutely valid ”.

In practice, it is not possible to cancel what has already been done in the 120 days of the MP. The recommendation is as follows: keep apprentices and interns in the home office mode, until such time as it is convenient for the employer and employee; once the return of these professionals to the face-to-face modality is determined, the CLT rule (prohibition from the home office) is applied again and for the new interns and apprentices hired as of July 20 the CLT rule (prohibition from home office) ”.

Labor judge and president of the Brazilian Association of Labor Magistrates (ABMT), Otávio Calvet points out that all “the measures taken by companies that adopted these measures are certain that they will not suffer any conviction for having taken exceptional measures during the period of public calamity, in the surveillance of MP 927 ″. According to Calvet, the MP was a good solution because it brought tools that helped companies and employees during the period of public calamity, either in maintaining isolation with teleworking, or allowing companies with financial backing to adopt some measures that removed workers from the environment work, such as the anticipation of holidays, holidays and the possibility of bank hours.

Labor lawyer Karen Badaró Viero, partner at Chiarottino e Nicoletti Advogados, reinforces that the measures within the validity period are valid, such as the anticipation of vacations, installments of FGTS, bank of hours. ”It is no different with employers who have adopted the home office regime. Those who formalized the terms within the term of MP 927, had the benefit of implementing it within 48 hours, while CLT regulates the 15-day period for the transition. Even employers may continue to adopt the home office regime in new contracts or with addendum terms to old contracts as long as the 15-day deadline is observed, in the case of the latter. They will have to comply with the legal provision of articles 75-A to 75-E of the CLT ”, he notes.

Wilson Sales Belchior, partner at Rocha, Marinho E Sales Advogados and a federal advisor to the OAB, says that for teleworkers it is necessary to sign a contractual amendment, maintaining this condition, or, as the case may be, informing the return to the face-to-face regime, compliance with the minimum transition period of 15 days. “In general, as of July 20, the routines of companies must adjust to the CLT rules, without flexibilization. It is recommended to review all agreements signed during the term of the MP. In addition, it is opportune to adjust short-term strategic planning in the absence of similar measures to face the economic impacts that continue to be caused by the pandemic ”, he warns.

Regarding the hour bank, Belchior says that those extraordinary events that took place after July 20, cannot be compensated according to the rules of the MP. “As of the loss of the effectiveness of the Provisional Measure, the compensation periods are back to 6 months when agreed by written individual agreement and 12 months if resulting from collective bargaining”, he explains.

Source: Correio Braziliense

Especialistas orientam empresários sobre diretrizes trabalhistas após perda de validade da MP 927