LABORITE REFORM – LAW 13.419/2017

The Laborite has taken effect on November 11, 2017, which has amended substantially the works relationships, impacting directly in operations.

The main innovations introduced in the CLT (LABOR CODE) are listed below:

I.OUTSOURCING:

• All activities are authorized, inclusive the company’s main activities
• Assures to outsourced segments the same rights as those to the employees of the contracted party (meals in a refectory, transportation, medical assistance/ambulatory and training).
• Employees dismissed will not be contracted as outsourced for a period of 18 months following the dismissal.

II. OVERTIME HOURS:

• Any private activity performed by the employee meanwhile working will not be considered as an overtime hour.
• Any compensation of overtime hours by individual agreement (implied or expressed) within the month.
• Hours Banking will allow a written individual negotiation limited to a period of 6 months.
• Itinerant Hours (hours spent in the displacement work x house and vice versa, inclusive by company’s freighted means (will not be considered as overtime hours.

III.WORK CONTRACT:

• Partial Time Work Contract amended to 30 weekly hours without overtime hours or 26 weekly hours with the possibility of 6 overtime hours.
• The granting of vacations in the same work conditions in full time.
• Intermittent Work Contract: work which will insert periods of time in the rendering of services, service not continuously subordinated with alternation of periods of time (hours/days/months).
• The employee shall be summoned 3 days prior the starting up of the rendering of service and will have 1 working day available to accept it or not.
• Home Office: Shall consist of a work contract. The responsibility for the supply and maintenance of TI equipment and expenses incurred by the employee to be defined in a contract or in the written form
• Employees under the home office are not entitled to overtime hours.
• Day’s work 12x36: allows a direct negotiation with the employee by means of a written individual or collective agreement.
• Reduction of the lunch period of time: a negotiation is possible with the union or individual with employee with a graduation degree and a higher salary or equal to 2 times the social security ceiling (R$11,062.62) by respecting the interval of 30 minutes.

IV.DISMISSAL:

• Rescission/legal ratification: amends the payment term for 10 days in any dismissal situation, thus not being any more necessary ratifying it with the union.
• Mass dismissal: allows the dismissal in mass without the necessity of a prior authorization of a union entity or a collective agreement to put it into effect.
• Dismissal by Mutual Agreement: entitled to a 50% prior notice and 20% over the balance of FGTS (employee’s dismissal fund) and 80% of the FGTS balance and further labor allowances. He is not entitled do the unemployment insurance.
• Just Cause Dismissal The loss of the legal requirement for the professional exercise. (For example a driver losing his driving license if such results from deriving from a felonious intent on part of the employee).

V.UNION’s CONTRIBUTION:

Employees’ union contribution will become optional, by means of the employee’s authorization. The patronal contribution will also be optional.

VI.VACATIONS:

May be broken up in up to 3 periods, being not less than 14 working days and two of 5 working days. Minors of 18 years and major of 50 years may break up vacations. The start up of vacations in the 2 days that precede holidays and the remunerated weekly rest is prohibited.

VII. EMPLOYEE’s REGISTRY:

A fine o R$3,000.00 per unregistered employee, doubling the value if relapsed.

VIII.AUTONOMOUS:

With or without exclusivity, on a continuous manner or not, removes the assumption of an employment link.

IX.REMUNERATION:

Does not integrate the employee`s remuneration, even though usual – cost allowance, meals assistance, (prohibited the payment in cash), travelling per diem (independently of the value, premium and bonus.

X.SALARY COMPARISON:

In the same location (the same contractor) in which the period of service is not over 4 years and that the time in the same function is not over 2 years, permits the comparison only between contemporaneous employees in the case of comparison. Plans of positions and salaries are valiod independently of the ratification.

XI.FUNCTION BONUS:

It will not be any more incorporated in the case of the function reversal, independently of the time of the exercise.

XII. PREGNANTS:

the pregnant employee, who works in an unhealthful location, the removal will only be obligatory in the so called maximum degree of unhealthiness. In unhealthful activities of an average or minimum degree, the employee will only be removed from the work location upon a medical certificate recommending that during the pregnancy

Por By Danielle Salgado-Senior Analyst – RTURBA.