8/31/2020
The term for Provisional Measure No. 927 (MP 927) to be converted into law expired on July 19. Published on March 22, this was one of the first incentives used by the Federal Government to preserve employment and income, facing the financial crisis during the state of public calamity.
During this period, companies were able to:
- Antecipate individual vacations;
- Granting company-wide vacations without prior notification to the Ministry of Labor;
- Anticipate holidays;
- Determine the change from in-person work regime to teleworking at the employer’s discretion;
- Compensate for existing hours in the hours bank within 18 months;
- Suspend administrative requirements in occupational safety and health.
But after the expiration of MP 927, what happens to the legal relationships established during the term of the MP and in the form it provides?
According the terms of paragraph 11 of article 62 of the Federal Constitution, the legal relationships established and arising from acts practiced during the term of the Provisional Measure will remain preserved.
However, we want to draw attention to some contractual work changes that have been adopted by companies to preserve the physical integrity of employees, especially the home office.
Due to the urgency of social isolation, MP 927 provided the possibility of unilateral alteration of the employment contract in activities that were considered non-essential. The employee could work from home, as long as previously notified by the company within 48 hours.
Although the flexibilization of social isolation is a reality in some States and Municipalities, some companies have chosen to keep their employees in the home office regime, due to the uncertainties of the moment and considering the stage of contamination of the disease.
As MP 927 has expired, the change in the employment contract and the continuity of remote work must have the employee’s consent. In addition, maintaining remote work requires adjustment of the work contract, in order to regulate the rules for the parties involved (company and employee).
The company must grant working conditions and preserve the physical integrity of the worker. It is also the employer’s responsibility to adopt time control systems and rules for apportioning expenses due to this remote work.
ssential conditions for the work to be carried out in order to preserve the physical integrity of the worker, especially in the aspect of ergonomics, in addition to continuing to adopt systems for monitoring the control of schedules and rules for apportioning expenses as a result of this work. remote.
It is up to the employee to remember that the home office is not a vacation and the contractual obligations are still in force, and the schedules, orders and deadlines for the delivery of jobs must be respected, in addition to all the existing internal rules.
It is important to remember that the home office is not a vacation and all the contractual obligations remain in force. Therefore, employees must respect schedules, orders and deadlines, in addition to all existing internal rules. In case of non-compliance, the employee may be dismissed for just cause.
Our Labor team highlights the importance of adapting labor relations to this new reality, avoiding future labor contingencies.
Author: Peterson Vilela Muta
