LABORITE REFORM – PROVISORY INJUNCTION 808/2017

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LABORITE REFORM – PROVISORY INJUNCTION 808/2017

 
On November 14, 2017, the President Michel Temer has signed a provisory injunction 808/2017 which amended some items of the laborite provisory injunction published 3 (three) days before:

I. INTERMITTENT WORK CONTRACT:

  • Foresees a quarantine of 18 months for migration from a contract for an undetermined term to an intermittent contract. This rule is valid through 2020
  • • Upon the contractual termination under that modality, the worker may activate 80% of the FGTS (Employee`1s Dismissal Fund), and not entitled to the unemployment insurance.

II. PREGNANTS AND MILK-GIVING:

  • It determines that she should be removed of the unhealthy activities during the milk-giving, but allows that she performs in locations of minimum and medium unhealthiness when she “”voluntarily”” presents a certificate of authorization.

III. WORK’’s DAY 12 X 36:

  • The day`s work of 12 hours followed de 36 hours of rest must be negotiated by means of a collective convention or a work collective agreement

IV. AUTONOMOUS:

  • • She will not be authorized to perform under an exclusivity clause.

Por  By Danielle Salgado-Senior Analyst - RTURBA